COLLECTIVE AGREEMENT BETWEEN Industrial... · collective agreement made effective this first day of...

COLLECTIVE AGREEMENT

BETWEEN

INNOPHOS CANADA, INC.

PORT MAITLAND PLANT

AND

THE UNITED STEEL, PAPER, RUBBER, MANUFACTURING,

ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS

INTERNATIONAL UNION

(UNITED STEELWORKERS) LOCAL 6304

May 1, 2011 – April 30, 2014

Let us perform our duties in such

a way that we may return to our

homes and loved ones at the end

of the day in the same physical

condition as when we left for work

this morning, with full earning

power and knowledge of a day’s work

well and safely done.

COLLECTIVE AGREEMENT

MADE EFFECTIVE THIS FIRST DAY OF MAY, 2011

AT PORT MAITLAND, ONTARIO

BETWEEN


PORT MAITLAND PLANT

(herein after called “The Company”)OF THE FIRST PART

AND

THE UNITED STEEL, PAPER, RUBBER, MANUFACTURING,

ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS

INTERNATIONAL UNION (UNITED STEELWORKERS) LOCAL

6304

(herein after called “The Union”) OF THE SECOND PART

May 1, 2011 – April 30, 2014

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TABLE OF CONTENTS Article Page

APPENDIX “A” - AUTHORIZATION FOR DUES DEDUCTION………..... 42APPENDIX “B” - JOBS APPLICABLE TO LEARNER RATES…................. 43APPENDIX “C” - JOB TITLES, CLASSIFICATIONS & RATES ($)………. 44APPENDIX “D” - HCSA Eligible Expenses (May 2008)……...………..……. 45APPENDIX “E” - LETTERS OF INTENT, MEMORANDUMS OF

AGREEMENT, AMENDMENT NUMBER 5...…..……. 49

ARBITRATION………………………………………………………..……… 22:00 29BASELINE TESTS……………………………………………………..……... 10:03 16BEREAVEMENT LEAVE AND PAY………...………………………....…… 9:01 13CALL-IN PAY……………………………………………………………….... 17:01 24CHANGE OF ADDRESS…………………………………………………..…. 8:04 13CLOTHING……………………...………………………………………...…... 33:01 38COPY OF COLLECTIVE AGREEMENT BOOKLET………………..……... 33:05 39COST OF LIVING ALLOWANCE (COLA)……..……………….…….……. 34:00 39COMMITTEE PERSONS………………………………...………….…..……. 13:01 18DEMOTIONS……………………………………………………..….………... 10:01 14DISCHARGES, SUSPENSION, DISCIPLINE……………..………………… 11:01 18DISCRIMINATION…………………………………………….…………..…. 6:01 6 EMPLOYEE DEFINITION……………………………………………..…….. 3:01 4 GENERAL PURPOSES………………………………………………..….…... 1:01 4 GRIEVANCE PROCEDURE…………………………………….….………... 21:01 28GRIEVANCE OMIT STEP 1………………………………….…….….……... 11:01 18GROUP BENEFIT PLAN…………………………………….……..………… 30:00 33

- AD&D………………………………………………….……………. 30:14 37 - DENTAL.............................................................................................. 30:06 35 - HCSA………………………………………………..………………. 30:08 36 - HEALTH.............................................................................................. 30:05 35 - HOSPITAL………………………………………………….…….… 30:03 34 - LIFE INSURANCE ………………………………………….…..…. 30:13 37 - LONG TERM DISABILITY…………………………….…….……. 30:04 34 - RETIREE BENEFIT/RETIREE LIFE INSURANCE………..……... 30:10 36 - SALARY CONTINUANCE…………………………………...……. 30:02 33 - SURVIVOR BENEFIT……………………………………...………. 30:09 36 - VISION……………………………………………………...………. 30:07 36 - WEEKLY INDEMNITY………………………………...………….. 30:01 33

HANDICAPPED EMPLOYEES…………………………………..………….. 26:00 31HOLIDAYS…………………………………………….………..…………….. 19:01 25HOURS OF WORK……………………………………………..…………….. 14:00 19JOB POSTING………………………………………………..……………….. 27:00 32JURY SERVICE/SUBPOENAED WITNESS.………………………………... 25:00 31LEAVE OF ABSENCE………………………………………...……………… 28:01 32LEAVE OF ABSENCE S.E.S………………………………………...……….. 7:27 12LAYOFFS……………………………………...…………………………...…. 10:01 14LAYOFF NOTIFICATION…………………………...………………............. 10:05 17MANAGEMENT FUNCTIONS…………………………………..............…... 4:01 4 MUTUAL CHANGES……………………………………………………..….. 16:03 24NOTICE BOARDS…………………………………...……………………..… 12:01 18OVERTIME………………………………...………………………….……..... 15:00 21

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OVERTIME DISTRIBUTION…………………………………...……………. 15:05 21OVERTIME MEALS………………………………………………………...... 15:06 23PAY PERIODS…………………………………………………..............…….. 7:00 6 PENSION………………………………………………………..………..…… 74PREMIUMS:

- SHIFT……………………………………...……...…………...…….. 16:01 24 - SUNDAYS……………………………...…………………...……..... 16:02 24 - SHIFT CHANGE………………………...………………..………… 14:05 20 - 16 HOUR CLAUSE……………………...………………….............. 16:04 24 - LUNCH PERIOD WORKED……..………………………………… 14:02 19 - STAT HOLIDAY WORKED…………………..………………...…. 19:04 26

PROGRESSIONAL SEQUENCE…………...………………………...………. 10:02 14PROMOTIONS………………………………………………………..………. 10:01 14RECALLS……………………………………………………………..………. 10:01 14RECOGNITION………………………………………...……………………... 2:01 4 RELIEF PERIODS………………………………………...…………………... 29:00 33REPORTING PAY…………………………………………...………………... 18:01 25SAFETY & HEALTH……………………………………………………...….. 24:00 30SAFETY POLICY 86SAFETY SHOES………………………………………………………..…….. 33:02 38SENIORITY: 8:01 12

- LOSS OF……………………………………………………...……... 8:03 12 - OUTSIDE BARGAINING UNIT........................................................ 8:06 13 - SENIORITY LIST POSTING............................................................. 8:07 13 - PROBATIONARY PERIOD............................................................... 8:02 12 - REHIRING........................................................................................... 8:05 13

STEWARDS........................................................................................................ 13:01 18STRIKES AND LOCKOUTS............................................................................. 23:01 30TRANSFERS...................................................................................................... 10:01 14TERMINATION OF COLLECTIVE AGREEMENT………………………… 35:00 40TOOL ALLOWANCE………………………………………………………… 33:04 38UNION DUES…………………………………………………………………. 5:03 5 UNION SECURITY…………………………………………………………… 5:01 5 VACATION…………………………………………………………………… 20:00 26VACANCY......................................................................................................... 10:02 14WAGES:

- SIMPLE EFFECTIVE SOLUTION (S.E.S.)………………………... 7:01 6 - GENERAL…………………………………………………………... 7:24 11 - STD. HOURLY WAGE SCALE……………………………………. 7:03 7 - JOB DESCRIPTION………………………………………………… 7:02 7 - LEARNER RATES………………………………………………….. 7:15 9 - OUT-OF-LINE DIFFERENTIAL…………………………………… 7:06 8 - TEMPORARY TRANSFERS............................................................. 7:14 9 - TRAINING RATES…………………………………………………. 7:23 11

WASH UP……………………………………………………...……………… 31:00 38WORK SCHEDULE POSTING......................................................................... 14:04 20

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ARTICLE 1

GENERAL PURPOSES

1:01 The purpose of this Agreement is to maintain a harmonious and orderly relationship between the Company and the Union; to establish working conditions, wages, hours and provide formal machinery for the settlement of grievances.

ARTICLE 2

RECOGNITION

2:01 The Company recognizes the Union as the sole and exclusive collective bargaining agent for all employees of the Company employed at the Township of Sherbrooke, Ontario Plant, save and except Supervisors and those above rank of Supervisors, Sales Staff, one Secretary to each of the Plant Manager, SecurityGuards and students on a cooperative training basis with an established school of learning who are not receiving remuneration for their training.

2:02 Except by mutual agreement, employees excluded from the bargaining unit defined in Article 2:01 – Recognition, shall not perform work of employeescovered by this Agreement, except in cases of emergency. It is recognized that excluded employees and supervisors do certain routine work, and this clause does not apply to such persons, provided that any work so performed shall not serve to displace or lay off any bargaining unit personnel.

ARTICLE 3

EMPLOYEES

3:01 The terms “Employee” and “Employees” when used in this Agreement shall meanpersons employed by the Company within the bargaining unit described herein above in Article 2, recognition and covered by this Agreement. It is understood that where an Employee is referred to as “he” or “she” such referral shall include Employees of both sexes as defined in Article 2.

ARTICLE 4

MANAGEMENT FUNCTIONS

4:01 It is the exclusive function of the Company to manage the enterprise in which it is engaged, to determine the products to be manufactured and the schedule of their production, to determine the methods, systems, processes and means of manufacture, the kinds and location of machines and equipment to be used, the control of materials, parts, the extension, limitation, curtailment or cessation of operations, the location, number and size of plants, the direction of the working forces and to maintain order and efficiency in all matters concerning the operation, management, supervision and control of the Company and its business, works, plants and operations.

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4:02 The Company has the right to hire, layoff, recall after layoff and to transfer, promote and to maintain discipline subject to the terms of this Agreement.

4:03 Management functions shall not be limited, except as provided for specifically by the terms of this Agreement.

4:04 It is the right of management to make and alter from time to time and enforce rules and regulations to be observed by the Employees, provided that such rules and regulations are not inconsistent with the provisions of this Agreement.Before the installation or alteration of such rules, the Company will discuss themwith the Union.

ARTICLE 5

UNION SECURITY

5:01 All present Employees shall become members of the Union as of the effective date of this Agreement and remain members in good standing of the Union for the term of this Agreement as a condition of employment.

5:02 All new employees shall become members of the Union and remain members in good standing of the Union for the term of this Agreement as a condition of employment.

5:03 All Employees, upon becoming members of the Union, shall authorize deductions of monthly union membership dues. This authorization shall be in writing signed by the Employee before a witness on the form attached hereto as Appendix “A”.

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

5.05 All dues, initiation fees and assessments shall be remitted to the Union forthwithand in any event no later than 15 days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the UnitedSteelworkers, P.O. Box 9083, Commerce Court Postal Station, Toronto, Ontario M5L 1K1 in such form and shall be directed by the Union to the Company along with a completed Dues Remittance Form R-115. A copy of the Dues RemittanceForm R-115 will also be sent to the Union office designated by the Area Coordinator.

5.06 The remittance and the R-115 form shall be accompanied by a statementcontaining the following information:

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

b) A list of names of all employees from whom no deductions have been made and reasons;

c) This information shall be sent to both Union addresses identified in 5.05 in such form as shall be directed by the Union to the Company.

5.07 The union shall indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any actions taken by the Company in the compliance with this Article.

5.08 The Company, when preparing T-4 slips for the employees, will enter the amountof Union dues paid by the employee during the previous year.

ARTICLE 6

DISCRIMINATION

6:01 There shall be no discrimination against any Employee or Employees in any manner whatsoever, because of race; ancestry; place of origin; colour; ethnicorigin; citizenship; creed; sex; sexual orientation; age; record of offences; maritalstatus; family status or disability per the Ontario Human Rights Code, or due to Union membership, or Union activities consistent with the provisions of this Agreement

ARTICLE 7

WAGES

7:00 a) i) All employees will receive wages earned in the preceding 2 weeks by directdeposit to their respective bank accounts.

ii) Pay will be deposited on the Friday morning of each second week before 1:00 a.m. except in the case of a statutory holiday on the Friday in which case the pay will be deposited on the Thursday morning. Employees will inform the Payroll Department of their Bank Branch and the account to which they wish their pay to be deposited.

b) Each employee will make reasonable efforts to select a bank which will enable direct deposit to be made as per the above schedule.

7:01 Effective October 1, 1997, the Simple Effective Solution (S.E.S.) job evaluation rating system is incorporated into this Agreement and its provision shall apply as is set forth in full herein, provided that reference in the manual to such jobs as testing or inspection, and instructor, shall not of itself establish existence of such jobs in the operations of the Company or determine that such jobs are within or are not within the jurisdiction of the bargaining unit.

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7:02 Each Employee’s job shall be described and classified and a rate of pay applied to such Employee in accordance with the provisions of this Agreement.

7:03 Year 1:

Effective May 1, 2011, 1.5% wage increase to all rates.

Year 2:


Year 3:


Port Maitland Plant

SES

Job Class

Year 1

May 1, 2011

Year 2

May 1, 2012

Year 3

May 1, 2013

25 36.63 37.00 37.55

24 36.23 36.59 37.14

23 35.73 36.09 36.63

22 35.30 35.65 36.18

21 34.81 35.16 35.69

20 34.39 34.73 35.25

19 33.92 34.26 34.77

18 33.45 33.79 34.30

17 33.00 33.33 33.83

16 32.54 32.87 33.36

15 32.07 32.39 32.88

14 31.64 31.95 32.43

13 31.17 31.48 31.95

12 30.72 31.03 31.50

11 30.23 30.53 30.99

10 29.79 30.09 30.54

9 29.31 29.61 30.05

8 28.88 29.17 29.60

7 28.41 28.69 29.12

6 27.95 28.23 28.66

5 27.50 27.77 28.19

4 27.04 27.31 27.72

3 26.57 26.84 27.24

2 26.11 26.37 26.76

1 25.66 25.92 26.30

7:04 Effective on the dates specified in Section 7:03, all Employees have their rates of pay adjusted as follows:

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a) If the Employee is not receiving an out-of-line differential prior to the dates specified in Section 7:03, the rate of pay of such Employee shall be adjusted to conform to the standard hourly rate for that Employee’s job, as provided in Section 7:03.

b) If the Employee is receiving an out-of-line differential prior to the datesspecified in Section 7:03, the rate of pay of such Employee shall be increased by the amount by which the rate for job Class 1 has been increased as provided in Section 7:03 and the following shall govern:

(i) If the Employee’s new rate resulting from such increase is greater than the standard hourly rate for the job, as provided in Section 7:03, the amountby which such Employee’s new rate is greater than the rate provided in Section 7:03, shall become such Employee’s new out-of-line differential (which shall replace the former out-of-line differential) and shall apply in accordance with the provision of this Agreement.

(ii) If the Employee’s new rate resulting from such increase is equal to or less than the standard hourly rate for the job, as provided in Section 7:03, the rate of pay of such Employee shall be adjusted to conform to the standard hourly rate for the job, as provided in Section 7:03, and the former out-of-line differential shall be terminated.

7:05 An employee’s regular job is the job he/she holds by the most recently dated Form 10, on record in the Human Resources Department, and which is awardedas a result of a decision made under the terms of Article 10 or a transfer subsequent to a decision made under Article 10.

OUT-OF-LINE DIFFERENTIAL

7:06 The Company shall furnish to the Union a list agreed to by the Company and the Union of Employees who are to be paid “out-of-line differentials”. Such list shall contain the following information:

(a) Name of incumbent to whom such out-of-line differential is to be paid. (b) Job title of job on which out-of-line differential is to be paid. (c) Job classification of such job. (d) Standard hourly rate of such job. (e) Amount of out-of-line differentials. (f) Date such out-of-line differential became effective.

7:07 Except as such out-of-line differential may be changed by the means hereinafter provided, any Employee included in the list referred to in Section 7:06 shall continue to be paid such out-of-line differential during such time as the Employeecontinues to occupy the job for which the differential was established.

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7:08 If an Employee with an out-of-line differential is transferred or assigned to a job having a higher standard hourly rate, then the differential shall be reduced by the amount of the increase in the standard hourly rate.

7:09 If, as a result of lay-off and the exercise of seniority rights, an Employee with an out-of-line differential is moved to a job having a lower standard hourly rate, then the out-of-line differential shall be cancelled.

7:10 If such Employee referred to in Section 7:08 and 7:09 shall be returned to the job for which the out-of-line differential was established, the out-of-line differential shall be reinstated except as it may have been reduced or eliminated by other means.

7:11 When an Employee would, in accordance with the terms of this Agreement, be entitled to receive his/her regular rate, he/she shall also receive any out-of-line differential to which he/she is entitled.

7:12 In addition to the means herein provided, increases in the increment between job classes shall be used to reduce or eliminate out-of-line differentials.

7:13 Except for the application of the out-of-line differentials as called for herein, the terms of this Agreement governing transfers shall apply.

TEMPORARY TRANSFER

7:14 An Employee who is temporarily transferred from his/her regular job for one hour or more shall be paid the standard hourly rate of the job to which he/she has been transferred, provided such rate is not less than that of his/her regular job. If the rate of the job to which he/she is temporarily transferred, but not as a result of a layoff, is less than the rate of his/her regular job, he/she shall be paid the rate of his/her regular job during the period of such temporary transfer. Should overtimebe involved during a temporary transfer, the same rule for payment will apply.

An Employee’s regular job is the job he/she holds by the most recently dated Form 10, on record in the Human Resources Department, and which is awardedas a result of a decision made under the terms of Article 10 or a transfer subsequent to a decision made under Article 10.

LEARNER RATES

7:15 Learner jobs requiring “learner” rates due to lack of adequate training opportunity provided by the promotional sequence of related jobs, shall be negotiated and made a part of this Agreement.

7:16 A schedule of learner rates for the respective learning periods of 520 hours of actual learning experience with the Company on jobs for which training

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opportunity is not provided by the promotional sequence of related jobs, shall be established at the level of the Standard Hourly Wage Scale rates for the respectivejob classes. This determination shall be on the basis of the required employmenttraining and experience time specified in Factor SK2 of the job classification record of the respective job as follows:

a) Seven to twelve months:1) One learner period classification at a level two job classes below the job

class of the job. b) Thirteen to eighteen months:

1) A first learner period classification at a level four job classes below the job class of the job, and

2) A second learner period classification at a level two job classes below the job class of the job.

c) Nineteen months and above: 1) A first learner period classification at a level six job classes below the job

class of the job. 2) A second learner period classification at a level four job classes below the

job class of the job, and 3) A third learner period classification at a level two job classes below the job

class of the job. 4) Employees who have had no related work experience in relation to the

respective job shall serve an additional 520 hours of work in the learner period two job classes below the job class of the job.

7:17 The learner periods, as provided in Section 7:16 shall apply to those jobs listed in APPENDIX “B” of this Agreement, except as otherwise mutually agreed between the Company and the Union and so indicated in APPENDIX “B”. Learnerperiods shall apply only to jobs in Job Class 8 and up, except where training rates are applicable.

7:18 The Company shall furnish the Union a list of jobs agreed to by the Company and the Union as appropriate for the application of learner rates. Such list may be added to or deleted from by mutual agreement of the Company and the Union.The schedule of learner rates set forth in Section 7:16 shall apply only to jobs in this list.

7:19 Employee’s time spent on a job requiring a learner schedule shall be cumulative.Periods of less than 8 hours shall not be counted toward completion of a learner schedule, but shall be paid for at the standard hourly rate of the job.

7:20 Any Employee who has qualified for a job through a learner schedule shall not be required to repeat that learner schedule.

7:21 The established learner rate of pay for each learner period classification shallapply in accordance with the learner training periods as defined in Section 7:16.

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However, an Employee whose current rate of pay is higher than the minimum rate of a learner job to which he/she has acceded, shall maintain his/her current rate, but not higher than the standard hourly rate of the job being learned until such time as the rate for the applicable learner period classification is equal to or exceeds his/her present rate. In the application of this section it is agreed that an Employee on a job which is higher rated than the starting rate of the job being learned and who is not from the department that the vacant job is in, shall not receive the full rate but not less than 3 job classes above the starting rate for the job being learned.

7:22 Any employee, when assigned to a job on which a learner rate applies, shall be credited in the learner schedule with all time previously worked on such job, or in the case of a grouped job, on a job in such group. It is agreed that such past timeshall be computed from reasonably recent records of the Company.

TRAINING RATES

7:23 The Company may apply a training rate to a trainee on any job for a period of time sufficient to learn to do the job provided that such period does not exceed 520 hours while such trainee is an extra man/woman on the job of for a period not to exceed 1 month in duration when the Employee may be permitted to work alone. Employees completing either of the above time periods will be paid the top rate of the job. Such Employees shall be selected according to the promotional criteria outlined in sub section 10:01 and shall be intended to provide replacements for job vacancies or anticipated job vacancies.

This trainee rate will be:a) In the case of an Employee hired for the training job the standard hourly rate

for Job Class 3; or b) In the case of an Employee transferred from another job in the Plant, the

lower figure of: 1) The standard hourly rate of the job from which transferred or 2) The standard hourly rate of the job being learned.

GENERAL

7:24 Any mathematical or clerical errors made in the preparation, establishment or application of job descriptions, classifications, or standard hourly rates shall be corrected to conform the provisions of this Agreement.

7:25 Except as otherwise provided no basis shall exist for an Employee covered by the Agreement to allege that a wage rate inequity exists.

7:26 The term “incumbent” as used herein, shall mean an Employee regularly assigned to a job at the date the Standard Hourly Wage Scale is made operative.

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LEAVE OF ABSENCE FOR UNION S.E.S. COMMITTEE

7:27 For new or changed jobs the Company agrees to grant leave of absence from their regular work to two Employees who shall be selected by the Union to act on its S.E.S. Committee. Such leave of absence for the transaction of Union business shall be given to delegated members of the Union in the Plant provided proper application is made by the Union and approved by the Plant Manager. Employees so selected shall:

(a) Accumulate any seniority to which they normally would be entitled. (b) Be reimbursed, at their regular rate, for wages lost while attending to such

duties during normal working hours and on the Company’s property. (c) Return to their regular employment when their work on the S.E.S.

Committee is completed.

7:28 The Committees shall meet at such intervals as the work load requires and at least on a bi-monthly basis when outstanding work exists.

ARTICLE 8

SENIORITY

8:01 The Plant seniority of an Employee shall be the length of continuous service in the employ of the Company at its Port Maitland Plant, in accordance with the list posted as of the date of the signing of this Agreement and subject to the provisions of this Agreement.

8:02 1) Probationary Employees – All Employees with less than one hundred and twenty (120) calendar days of continuous employment with the Company shall be considered as probationary Employees and will have no seniority rights.

2) Employees – All Employees completing one hundred and twenty calendar(120) days of continuous employment with the Company shall acquire seniority standing at this time and their names shall be entered on the plant seniority list, according to the last date of hire.

Employees released from the Company due to a layoff shall retain seniority rightsunder terms of this provision and for the purpose of Article ten (10) only shall accumulate seniority while on layoff. An Employee shall have recall rightswithin an 18 month period following their last date of layoff.

8:03 The following conditions shall result in loss of all seniority rights for an Employee:

a) He/she quits, resigns or retires. b) Is discharged for just cause and is not reinstated through the grievance

procedure.c) When any Employees classified in 8:02 have been continuously

unemployed by the Company for a period in excess of the applicable recall

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period from their last date of layoff. d) Is absent from work for three consecutive working days without notifying

his/her Supervisor, giving satisfactory reasons. e) When recalled to work, fails to report for work within 10 days of notice

sent by registered mail to the address on record with the Company.f) Is absent beyond the time limit of an authorized sick leave or leave of

absence granted by the Company.

8:04 It shall be the duty of all Employees to notify the Company promptly of any change in their address. If an Employee fails to do this, the Company will not be responsible for failure to contact the Employee.

8:05 If seniority is broken and a person is hired subsequently, he/she shall be considered a new Employee.

8:06 An Employee who is transferred out of the Bargaining Unit after May 1, 1975 will retain but not accumulate his/her seniority.

An Employee subsequently returned to the Bargaining Unit may exercise his/her seniority if sufficient to claim the lowest job in the sequence which at the time ofhis/her return would lead to his/her former job. For this purpose, training vacancies as defined in 10:03 shall be considered as part of the sequence.

An Employee not originating from a sequence will exercise his/her seniority as described in Article 10:01.

An Employee transferred out of the Bargaining Unit who is subsequently returned to the Bargaining Unit within a ninety (90) day period may exercise his/her seniority to return to his/her former job.

8:07 The Company will maintain a Plant seniority list, a copy of which will be posted annually or whenever there is an update to the published list. A copy will be supplied to the Union

ARTICLE 9

BEREAVEMENT LEAVE AND PAY

9:01 In event of a death in an Employee’s family, bereavement leave will be granted as follows:

a) Three full days within a four day calendar period, provided one of the three days is the day of the funeral for: (i) Mother (vii) Mother-in-law(ii) Father (viii) Father-in-law(iii) Sister (ix) Spouse (iv) Brother (xi) Common law partner (v) Children (xi) Grandparents(vi) Grandchildren (xii) Spouse’s Grandparents

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In the event of cremation, one day of the above three days may be taken at the time of internment.

b) One day’s leave of absence on the day of the funeral for: (i) Spouse’s Brother or Sister (iv) Son-in-Law(ii) Brother’s Wife (v) Daughter in Law (iii) Sister’s Husband

9:02 An Employee will receive bereavement pay at his/her regular straight time hourly rate for time lost from his/her regular straight time scheduled hours. For the purpose of this article, the regular hourly rate will be the rate of the job to which the Employee is assigned by his/her position on the work schedule or his/her regular rate by Form 10, whichever is the greater.

ARTICLE 10

PROMOTIONS, DEMOTIONS, LAYOFFS, RECALLS, TRANSFERS

10:01 a) In all cases of promotions, demotions, transfers, layoffs and recalls, Plant seniority will govern when the capabilities of doing the job are relatively equal except in the specific cases outlined in 10:02 and 10:03.

b) In the event that an employee is to be displaced from his/her permanent job, he/she will be entitled to displace a junior employee in accordance with theprovisions of 10:01 (a) or to any of the jobs listed below according to his/her seniority.

Packer Fork Lift Lubricator Mechanic

Multi Trade Helper Trackmobile Helper Shipper’s Assistant

Ortho Liquor Mix Operator

10:02 (i) Vacancies in a, b and c listed below will be filled by the senior qualifiedEmployee with the capabilities of doing the job and who has experience on the preceding job or jobs in the progressional sequence.

a) Shipper Packer Fork Lift Trackmobile Operator

Shipper’s Assistant Trackmobile Helper

b) Phosphates Lead Hand Phosphates Operator No. 1

Phosphates High Density Operator Ortho Liquor Mix Operator

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c) Senior Chemical Technician Chemical Technician

PROGRESSIONAL SEQUENCE

Article 10:02 (ii)

NON SEQUENCE JOBS

NOTE: In the event of job class changes in any of the above jobs, their relative position in the sequence will be slotted from top to bottom in descending order of their respectivejob class. In the event that sequence jobs are of equal class then position in the sequence will be mutually agreed upon through the S.E.S. Committees.

(a) (b) (c)

Shipper Phosphates Senior(17) L.H. Chemical

(20) Technician (20)

Packer No. 1 Phos Fork Lift Operator(14) (14)

Trackmobile (13)

Shipper’s H.D.Phos.Assistant Operator (12) (13)

Trackmobile Ortho Liquor ChemicalHelper Mix Operator Technician(11) (13) (15)

10:03 a) If a permanent vacancy occurs in any job previously posted as a training vacancy, all Employees who have successfully completed the training period shall

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be offered the permanent position in accordance with their plant seniority. Should all such eligible candidates decline the job, it shall be posted subject to Article 27.

When there are no successful candidates for a job posting, the qualified person with the minimum seniority will be committed to the vacancy at the rate of pay for that job. Placement in the job will occur in a time period not to exceed six months after completion of training for that job. Jobs to be posted as training vacancies will be mutually agreed upon by the Company and the Union and maybe posted from time to time.

They will include the following jobs:Trackmobile Helper {sequence (a)}Ortho Liquor Mix Operator {sequence (b)} Chemical Technician {sequence (c)}Liquid Phosphates L.H. {no specific sequence} General Clerk 2 {no specific sequence} Procurement/Stores Coordinator {no specific sequence}

10:03 b) If a training vacancy occurs in any sequence job as listed in 10:02, other than the entry level job, it will be posted. If the successful candidate, as selected by 10:02, does not currently hold a Form 10 on the preceding job to that which is being posted, he/she will be transferred to the preceding job and be classified in it by Form 10, prior to the commence of training.

At the completion of the training period, he/she will remain in the sequence, in the job preceding that to which he/she has been training and for which he/she currently holds a Form 10, until such time as he/she becomes a successful candidate on a subsequent posting.

Any Employee who has been trained as outlined above and has been out of the sequence for more than a two consecutive year period will have his/her qualifications reviewed. In the event that it is determined that retraining isnecessary, he/she will be required to post on the next training vacancy. Shouldhe/she not post, he/she will be considered ineligible for future permanentvacancies and remain ineligible until he/she has posted and completed anothertraining vacancy for that job that he/she was reviewed for.

10:03 c) For the positions listed below, baseline aptitude and knowledge is required to qualify to be a successful candidate on a training posting. The baseline will bedetermined by requiring the candidates to write pre-established tests. Baselinetests will be developed and agreed to by Union and Management during the duration of the contract.

Chemical TechnicianGeneral Clerk 2

Procurement/Stores Coordinator

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In the event that there is more than one successful candidate passing the test, it is understood that the senior person who has met the baseline aptitude and knowledge test will be given the training.

10:03 d) When an employee has been declared the successful candidate on a training vacancy posting, the employee will not be eligible to post on another training vacancy for a 12 month period, unless posting for a position in a higher orequivalent job class than his/her current permanent position.

e) Any employee in a training posting who completes 160 hours of training or more is committed to complete that training. The employee will be informed by Plant Management when the 160 hours are reached.

10:04 Vacancies which last for less than thirty (30) days or any vacation vacancies will be filled by temporary transfer and Articles 10:01 and 10:02 will not apply. Timespent on a temporary transfer shall not be taken into consideration in 10:01 and 10:02.

Vacancies caused by leave of absence, sickness, accident, which last longer than thirty (30) days will be posted as such and Employees affected will return to theirregular jobs when the vacancy is terminated.

10:05 Employees other than probationary who are to be laid off shall be given ten (10) calendar days notice in advance. The Union Committee shall be given adequate notice of pending layoffs. This provision of this article does not apply in the caseof a temporary layoff because of conditions beyond the control of the Company, such as fire or flood; or for other reasons that will cause a cessation of operations.

More than ten (10) calendar days notice will be given when required by the Employment Standards Act.

A student hired for a specific period of time will be considered as having been notified of layoff on the date hired and the above notification will not apply.

10:06 a) In the event of a final closing or shutdown of the plant or if an entire department or section of the plant is shut down on a permanent basis (i.e. for a period of not less than twelve (12) months, Employees who are permanentlyseparated from the Company’s service as a result of the shutdown will be paid a severance allowance of one (1) week’s pay for each full year of continuous service and two (2) weeks for each year after twenty (20) year’s service, no cap.Employees will be considered for transfer in the event of work at the presentfacility being moved to a new geographic area.

b) Rates of pay will be computed on the basis of forty (40) hours for each week of pay based on the Employee’s regular hourly rate, as shown on his/her latest Form 10, exclusive of shift or other premium pay.

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c) In the event that provincial legislation relating to the subject matter of this clause specifies greater severance allowance than provided herein, then such legislative provision shall supersede this clause.

ARTICLE 11

DISCHARGES, SUSPENSIONS AND DISCIPLINE

11:01 A claim from an Employee that he/she has been discharged, suspended or disciplined without just cause shall be treated as a grievance. If it is maintainedthat any Employee who has completed his/her probationary period has been suspended, discharged or formally disciplined without just and sufficient cause, the grievance will start at the 2nd Step of the Grievance Procedure within the next five (5) working days. The Employee is entitled prior to suspension, discharge or formal discipline to be notified at a meeting with management of the reason for considering such action. The Employee shall be accompanied by the Union President or his/her representative.

11:02 Only written warnings will become part of an Employee’s file. A copy of each written warning will be sent to the Union. Each warning will be removed from an Employee’s file two (2) years after the date of issue.

11:03 If it is agreed or decided at any stage of the Grievance Procedure or Arbitration that any Employee has been disciplined, suspended or discharged without just and sufficient cause, the Company will reinstate him/her in his/her job without loss ofseniority and will reimburse him/her in full or in part for the loss of wages, or will apply any penalty agreed upon between the parties or decided by the Arbitrator.

ARTICLE 12

NOTICE BOARDS

12:01 The Company will provide the Union with one special bulletin board for the purpose of posting official Union notices and papers that have been approved by the Management.

ARTICLE 13

UNION COMMITTEE PERSONS AND STEWARDS

13:01 The Company agrees to recognize one shop steward for each department and a chief shop steward for the Plant. The Company further agrees to recognize a grievance committee made up of three (3) Employees; the chief shop steward, the steward for the department where the grievance originates and one moredesignated by the Union.

13:02 The Company further agrees that the shop stewards may have alternates to assist in giving adequate coverage.

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13:03 Members of the grievance committee shall not lose pay for time spent in the plantduring regularly scheduled working hours attending scheduled meetings withmanagement representatives except for arbitration.

13:04 Union representatives shall be entitled, after having received permission fromtheir Supervisor, to leave their regular work for a reasonable period of timewithout loss of pay in order to make inquiry on a grievance and attempt to settle it. Such permission shall not be unreasonably withheld. On return to work they will report to their supervisor. If a grievance committee person is employed on urgent work, he/she shall not leave his/her work until the urgency of the job is over.

ARTICLE 14

HOURS OF WORK

14:00 For the purpose of computing pay under the provisions of this Agreement the standard work day and standard work week shall be as follows:

a) The standard work day shall be the calendar day, i.e. from 12:00 o’clock midnight to the next following 12:00 o’clock midnight and shall consist of twenty-four (24) consecutive hours.

b) The standard work week shall be the calendar week, i.e. seven standard work days as herein above defined, Sunday to Saturday inclusive.

14:01 The regular schedule of hours of work shall be eight (8) hours per day and forty (40) hours per week for “Day Workers” and for “Shift Workers”.

The regular schedule of hours of work shall be seven and one half (7 ½) hours per day and thirty-seven and one half (37 ½) hours per week for “Modified Day Workers”.

This should not be construed as a guarantee of such hours to any Employee.

14:02 A “Day Worker” is an Employee who is assigned to noncontinuous operations normally scheduled from 8:00 a.m. to 4:30 p.m., with a thirty (30) minute unpaid lunch period.

The term “Modified Day Worker” shall have reference to and include Employeesassigned to noncontinuous operation normally scheduled 8:30 a.m. to 4:30 p.m.with a thirty (30) minute unpaid lunch period.

A “Day Worker” or “Modified Day worker” who, due to assignment of work, does not commence his/her lunch period by 1:00 p.m. will be paid thirty (30)minutes at time and one half their regular rate of pay and be given sufficient time

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off with pay at a later time to consume his/her lunch.

14:03 The term “shift worker” shall have reference to and include Employees working alternating shifts with a twenty (20) minute paid lunch period. Normal hours of work will be as follows: Shift 1 12:00 midnight to 8:00 a.m. Night Shift Shift 2: 8:00 a.m. to 4:00 p.m. Day Shift Shift 3: 4:00 p.m. to 12:00 midnight Afternoon Shift

The above shifts in 14:02 and 14:03 can only be changed by mutual agreement of the parties.Guidelines for employees working 10 and 12 hour shifts are detailed in the Letters of Agreement for 10 and 12 hour shifts.

14:04 Shift schedules shall be posted in their respective departments not later than Wednesday of the preceding week. These may be amended until 12:00 noonFriday and it shall be the department’s responsibility to notify Employees of such change. Employees will co-operate by supplying, whenever possible, a telephone number where they can be reached.

14:05 1) Time worked on one shift following a change in the shift schedule after 12:00 noon Friday, shall be paid for at one and one half (1.5x) times the Employee’sstraight time hourly rate.

2) A “change in shift schedule” shall occur when any of the following happen:

a) An Employee is rescheduled from one to any other of day, afternoon or night shifts in a day.

b) An Employee’s scheduled day off is rescheduled to another day. c) An Employee who has been scheduled to work on a specified holiday is

scheduled to not work on that holiday. d) An Employee who has been scheduled off on a specified statutory holiday

is scheduled to work on that holiday. e) Any combination of (a), (b), (c) or (d).

3) The one shift worked to be paid at premium rate following a change in the “Shift Schedule” shall be:

(i) For (a) above, the shift to which the Employee is rescheduled. (ii) For (b) above, the shift worked on original day off or the first shift

worked following the revised day off whichever occurs first. (iii) For (c) above, the first shift worked following the statutory holiday that

would have been paid at the regular rate had the cancellation not been made.

(iv) For (d) above, the first shift worked following the statutory holiday that would have been paid at the regular rate had the statutory holiday not

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have been worked.(v) For (e) above, one shift only will be paid at premium rate. It will be the

first shift as determined in applying (i), (ii), (iii) and (iv).

14:06 An Employee’s regular days off shall be consecutive.

14:07 Hours of work for a “day worker” who is assigned to noncontinuous operation shall normally be eight (8) continuous hours with a paid twenty (20) minute lunch period to be taken as work permits.

A relief period of ten (10) minutes away from work will be provided between10:00 a.m. and 11:00 a.m. only. No time will be provided for personal wash up.

Articles 14:02, 29 and 31, will not apply to a “day worker”

For the Union, 80% of the day workers will constitute consent for a trial orstoppage of a trial period.

ARTICLE 15

OVERTIME

15:01 Overtime shall be: a) All authorized time worked in excess of eight (8) hours in any twenty-four (24)hour period, or b) All authorized time worked in excess of forty (40) hours in any one week, or c) All authorized time worked on regularly scheduled day of days off. d) For Employees only assigned to “Modified Day Worker” schedules all authorized time worked in excess of seven and one half (7 ½) hours in any twenty-four (24) hour period or all authorized time worked in excess of thirty-seven and one half (37 ½) hours in any one week.

15:02 All authorized overtime worked shall be paid for at one and one half (1.5x) timesthe Employee’s straight time hourly rate.

15:03 There shall be no compounding of overtime and/or other premium payments.

15:04 Each Employee is expected to perform his/her fair share of overtime work in their department and shall not unreasonably refuse to work overtime. The Company shall give notice of overtime to be worked as far in advance as is practicable.

15:05 Unless otherwise restricted by local law, overtime will be distributed as equitableas circumstances will permit among the qualified Employees in the various operating and occupational groups performing the same work at the samedepartment.

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A) Overtime will be distributed as equitable as circumstances will permit among the qualified Employees in the various operating and occupational groups performing the same work in the same department as determined by their nameappearing on the departments Work and Shift Schedule as assigned to a specific S.E.S. described job for the week in which the overtime is worked. Departmentswill be as follows:

MaintenanceProduction Liquid Phosphates Production Dry Phosphates Packing and Material handling Steam Plant TechnicalCommercial

B) Overtime hours for day workers and modified day workers as outlined in 14:02 will be equitably distributed as follows:(i) Lists of Employees will be compiled by groups posted and updated weekly on the first scheduled working day of the week. Overtime hours in a group will be offered to the Employee with the least hours first and most hours last.

Hours Charged to the List

a) All scheduled hours of overtime worked. b) All carry over hours of overtime worked. c) All hours of overtime offered and not worked either by decline or by not being

able to be contacted (including call-in) or as a result of leave of absence. (Employees on a leave of absence for whatever reason will not be offered overtime from the commencement of the L.O.A. until their return on their next regular scheduled shift, but will be charged with the hours of overtime not worked when their turn appears on the list during the leave of absence.

Hours Not Charged to the List

a) All hours of overtime worked on a call-in. b) All hours of overtime worked on a job other than in the group where the

Employee is listed.

(ii) Carry Over Overtime

Overtime hours required to complete a job already in progress will be offered firstto the Employee working on the job, whether their own or assigned, when the job runs into overtime, and not by (i) above, regardless of his/her position in the group.

(iii) Interrupted Overtime

In the event that a job being worked on an overtime basis is interrupted but latercontinued on an overtime basis on the same or following 2 days, the overtimehours required will be offered first to the Employees who were working on the job

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when it was last interrupted.

C) Shift Workers When a full shift of overtime is to be worked, it will be offered as follows:

a) first to the Employee (i) on a corresponding shift off (ii) previous shift off (iii) following shift off.

b) second to be split four (4) hours to the Employee from the previous shift and four (4) hours to the employee on the following shift.

c) third all to the Employee on the previous shift.d) fourth all to the Employee on the following shift.e) then to any other Employee.f) Distribution of overtime for shift workers between two employees on

the same shift, doing the same job is covered by Letter of Agreement.g) Specific provisions with respect to Overtime Distribution for individual

work groups will be set out under separate Letter of Agreement. When only a part shift is judged to be worked the hours will be offered all to

the Employee on the shift to which the hours are consecutive.

D)The obligation of distributing overtime hours within a 24 hour period to any one Employee will be limited to 16 hours including regular hours worked.

E) If an employee has been overlooked for an overtime assignment, including call-in, the individual will be given the opportunity to work the equivalent hours to the work performed with a minimum of one hour, and monies paid.

The make up work must be completed when convenient to the employee. The overtime opportunity must be completed within 30 days or the hours will be forfeited. If the overtime missed is four (4) or more hours, it is to be made up in not less than four (4) hour blocks.

The employee shall give a minimum of two (2) days notice of his/her availability to work the missed overtime assignment

F) Distribution of overtime for shift workers between two employees on the sameshift, doing the same job is covered by Letter of Agreement.

G) Specific provisions with respect to Overtime Distribution for individual work groups will be set out under separate Letter of Agreement.

15:06 Effective May 1, 2011 Employees will be provided a hot meal or compensationthrough payroll of $8.00 at the Employee’s option as follows:

a. Scheduled overtime is overtime that is arranged with at least 24 hours prior notice.

b. After two (2) hours of authorized unscheduled overtime worked continuouslybeyond a regular or overtime shift and after each succeeding four (4) hours of

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overtime.c. After two (2) hours of authorized unscheduled overtime worked continuously

prior to the beginning of their regular day shift.d. After two (2) hours of call-in work if the work overlaps a normal meal hour

and after each succeeding four (4) hours of continuous call-in work. e. After each continuous four (4) hours of call-in work.

Sufficient paid time will be allowed to consume each meal. This clause does not apply to a scheduled full shift of overtime unless otherwise stated above.

ARTICLE 16

PREMIUMS

16:01 a) A premium shall be paid for each hour worked on these shifts:Afternoon Shifts: 101 cents Night Shifts: 117 cents

16:02 a) A premium shall be paid for each hour worked on Sundays: Sunday Premium: 500 cents

16:03 Time exchanged between Employees will be allowed subject to the approval ofthe Supervisor concerned; such approval will not be unreasonably withheld and Article 15:00 will not be applicable in such cases.

16:04 Unless otherwise restricted by local law, in the event an Employee works sixteen or more hours in any consecutive twenty-four hours, he/she shall upon completion of such required work be scheduled off for eight (8) consecutive hours.

Should such eight (8) consecutive hours overlap the commencement of their next regularly scheduled shift, he/she shall be paid at straight time for such unworked hours from the start of their next regularly scheduled shift to the expiration of this consecutive eight (8) hour period. Following the Employee’s return to work he/she shall be paid their regular rate in accordance with the provisions of this Agreement. Should operational requirements dictate that such Employee return to work before eight (8) hours have elapsed, such Employee shall be entitled to pay at the rate of straight time for those hours from the time the Employee returned to work; and one and one half (1.5x) times for all regular hours worked during such shifts and for hours worked consecutive to the end of the shift.

ARTICLE 17

CALL-IN PAY

17:01 An Employee who is requested to return to work after he/she exited through any of the plant gates shall be paid at a rate consistent with Article 15:02 but not less than:

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a) four (4) hours pay at their regular straight time hourly rate.

OR

b) five (5) hours pay at their regular straight time hourly rate if called in and enters through any of the plant gates between the hours of 10:00 p.m. and 6:00 a.m.

17:02 Hours paid at straight time rate in 17:01 shall not be used when computingovertime in 15:02.

17:03 The Employee concerned must work four (4) hours if requested to do work that would constitute a call-in.

17:04 An Employee who is requested to return to work before exiting through any of the plant gates is not considered called in.

ARTICLE 18

REPORTING PAY

18:01 An Employee who is scheduled for work at his/her regularly scheduled time and has not been notified by the Company not to report, shall receive not less than four hours work, at their regular straight time hourly rate, or pay in lieu thereof at the discretion of the Company, provided that failure to provide work is due to circumstance within the control of the Company.

18:02 A phone call to the number on record in the Employee’s name in the Human Resources Department will be considered as proof of notification. An Employee who leaves no phone number by which they can be contacted forfeits the right to the four hours mentioned in 18:01.

ARTICLE 19

HOLIDAYS

19:01 The following twelve (12) holidays will be observed:

New Year’s Day Civic Holiday January 2nd Labour DayHeritage Day Thanksgiving Day Good Friday Christmas Day Victoria Day Boxing Day Canada Day Floating Holiday*

* To be taken on a mutually agreeable day at or near the Christmas Season or any other day in the year as mutually agreed between the Union and the Company.

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19:02 To be entitled to pay for the above holidays, the Employee must have worked his/her full scheduled working day immediately prior to and must have worked his/her full scheduled working day immediately succeeding the holiday, exceptwhen absent due to approved sick leave, bereavement leave, jury leave, or other leave approved by the Company.

19:03 Pay for the holiday will be eight (8) times the regular hourly rate for Employees assigned as “Shift Workers” and seven and one half (7 ½) times the regular hourly rate for Employees assigned as “Modified Day Workers”. For the purpose of this article the regular hourly rate will be the rate of the job to which the Employee is assigned by their position on the work schedule or their regular rate by Form 10, whichever is the greater.

19:04 For all time worked on a holiday the Employee shall be paid at one and one half (1.5x) times his/her straight time hourly rate in addition to the holiday pay.Christmas Day shall be an exception and shall be paid at two (2.0x) times his/her straight time hourly rate in addition to the holiday pay.

19:05 An Employee who is scheduled to work on a holiday and who fails to report to work shall forfeit the holiday pay unless their absence is excused by the Company.

19:06 An Employee who is on temporary layoff, as referred to in clause 10:05 of Article 10, when any of the above-mentioned holidays are observed will receive the holiday pay.

19:07 An Employee who is not disqualified by Article 19:02 and who is on vacation when any of the above mentioned holidays are observed will receive the holiday pay. In the event he/she requests an additional compensating day off without pay, at a later date, he/she will be given another day off, provided that such day off does not interfere with efficient operational or maintenance requirements.

19:08 Holiday pay will be considered as hours worked for the purpose of computingovertime in Article 15:01 (b) and (d) and for the determination of the regular work week in Article 14:01.

ARTICLE 20

VACATION

20:01 Employees who have completed less than one year of seniority on May 31st of the current year shall receive one day of vacation for each full calendar month of continuous service in the employ of the Company up to May 31st, not to exceed a maximum of ten (10) working days. The pay for such vacation shall be four (4%) of the Employee’s wages earned between his/her date of last employment and the last complete pay week in May, as shown by the Company payroll.

20:02 Employees who have completed one (1) year seniority or more on or before May

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31st of the current year shall receive two weeks vacation. The pay for such vacation shall be four percent (4%) of the Employee’s wages earned during the 52 week period ending with the last complete pay week in May, as shown by the Company payroll or 80 times their regular hourly rate, whichever is the greater.

20:03 Employees who attains three (3) years seniority during the current vacation year ending May 31st, will receive three weeks vacation. Such vacation entitlementwill commence June 1st of the same current vacation year. The pay for such vacation shall be six percent (6%) of the Employee’s wages earned during the 52 week period ending with the last complete pay week in May, as shown by the Company payroll or 120 times their regular hourly rate, whichever is the greater.

20:04 Employees who attains ten (10) year seniority during the current vacation year ending May 31st, will receive four weeks vacation. Such vacation entitlementwill commence June 1st of the same current vacation year. The pay for such vacation shall be eight percent (8%) of the Employee’s wages earned during the 52 week period ending with the last complete pay week in May, as shown by the Company payroll or 160 times their regular hourly rate, whichever is the greater.

20:05 Employees who attains twenty (20) years seniority during the current vacation year ending May 31st, will receive five weeks vacation. Such vacation entitlement will commence June 1st of the same current vacation year. The pay for such vacation shall be ten percent (10%) of the Employee’s wages earned during the 52 week period ending with the last complete pay week in May, as shown by the Company payroll or 200 times their regular hourly rate, whichever is the greater.

20:06 Employee’s who attains twenty five (25) years seniority during the current vacation year ending May 31st, will receive six weeks vacation. Such vacation entitlement will commence June 1st of the same current vacation year. The pay for such vacation shall be twelve percent (12%) of the employee’s wages earned during the 52 week period ending with the last complete pay week in May, as shown on the Company payroll or 240 times their regular hourly rate, whichever is the greater.

20:07 The Company retains the right to schedule vacations of each Employee according the requirements of production and the efficient and orderly operation of the plant. The Company will, as far as practicable, give consideration to requests forvacation dates on the basis of plant seniority.

20:08 Any Employee who is laid off or whose employment is terminated shall be entitled to vacation payment for the portion of the year during which he/she was employed at the percentage rate applicable as of the date of such termination.

20:09 Employees will not be allowed to waive their vacations and have themaccumulate from year to year.

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20:10 Before leaving for vacation, the Employee should be aware of his/her first shift scheduled to work upon his/her return from vacation. Unless notified otherwiseduring the period of his/her vacation, the Employee shall be considered to be scheduled to recommence work on the shift and date indicated prior to his/herdeparture. Notification in this case means the employee has been informed by the Company, by 12:00 midnight Friday if on a 7 day schedule, or 12:00 midnightSaturday if on a 5 day schedule.

20:11 Employees assigned to Modified Day Work as described in 14:02 will have theirpercent of wages for vacation purposes compared to hours of regular pay on the basis of:

% Hours of Regular Pay

4 75.0 6 112.58 150.0

10 187.5 12 225.0

ARTICLE 21

GRIEVANCE PROCEDURE

21:01 A grievance is any difference of opinion or dispute with respect to the interpretation of this Agreement or alleged violation of this Agreement. A grievance shall be handled as outlined below:

21:02 Step No. 1 – Any Employee shall take up his/her complaint directly with their Supervisor, alone, or with the Department Steward.

21:03 Step No. 2 – If a satisfactory settlement is not obtained within three (3) working days, in Step No. 1, the grievance may be referred in writing to the Plant Manager who shall, within five (5) working days, hold a joint meeting of the Company and Union grievance committees. The Plant Manager’s answer will be given in writing within the next five (5) working days.

21:04 A grievance not submitted to Arbitration by either party within two weeks afterthe rendering of a decision at the 2nd step or within ten (10) days after the expiry of the delay, the grievance shall be deemed to have been settled.

21:05 In the event that either of the parties does not take a grievance to the next higher step within ten (10) days after the rendering of a decision, or within ten (10) days after expiry of the delay in which a decision should have been given, the grievance shall be deemed to have been settled.

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21:06 A grievance shall be presented as soon as practicable but in no event later than ten (10) working days after the occurrence causing the grievance would be known to the grievor. Any difference not so presented shall not be deemed to be a grievance and shall not be entitled to consideration thereafter.

21:07 The Company and/or the Union may make use of the foregoing grievance procedure starting at Step No. 2 but in no event later than ten (10) working days after the occurrence causing the grievance would be known to the grievor.

21:08 When an agreement has been reached between the Company and the Union at any stage of the grievance procedure, it shall be put in writing and it shall be final and binding on both parties.

21:09 The time limits specified in the above may be extended if it is agreed there are extenuating circumstances.

ARTICLE 22

ARBITRATION

22:01 Any grievance which has not been settled between the Plant Manager and the Union Grievance Committee in accordance with Article 21 may be referred to arbitration in accordance with the following procedure.

22:02 When notice is given in accordance with clause 21:05, either of the parties maynotify the other party in writing of its desire to submit the grievance to arbitration.The grieving party shall also suggest an arbitrator or arbitrators.

22:03 Within five working days thereafter the other party shall agree or nominate an alternate arbitrator and so advise the other party in writing.

22:04 Should the parties fail to agree upon an arbitrator within a reasonable time, the Minister of Labour of the Province of Ontario shall be requested to appoint an arbitrator.

22:05 The arbitrator shall have jurisdiction to interpret the provisions of this Agreementinsofar as shall be necessary to the determination of the grievance, but shall not have jurisdiction or authority to alter in any way, add to, subtract from or modify any of the terms hereof, nor make any decision inconsistent with the terms of this Agreement.

22:06 The decision of the arbitrator shall be final and binding upon the parties hereto and the Employee or Employees concerned.

22:07 Each of the parties shall pay its own expenses in connection with any such arbitration proceeding and bear jointly the expense of the arbitrator.

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22:08 No person may be appointed as an arbitrator who has been involved in an attemptto negotiate or settle the grievance.

22:09 At any stage of the arbitration procedure the conferring parties may have the assistance of the Employee or Employees concerned, any necessary witnesses and to view any disputed operations.

ARTICLE 23

STRIKES AND LOCKOUTS

23:01 The Union agrees that it will not cause, authorize, or sanction its members to cause or take part in any sit down, stay-in, or slow down in any department or any strike or stoppage of any of the Company’s operations or any curtailment of work or restriction of or interference with production or any picketing of the Company’s premises during the term of this Agreement.

23:02 The Company agrees that it will not cause or sanction a lockout during the term ofthis Agreement.

ARTICLE 24

SAFETY AND HEALTH

The Company and the Union will cooperate to the fullest possible extent toward the prevention accidents and the promotion of safety and health of the Employees.

An employee shall report to their Supervisor any safety hazard which concerns his/her work and he/she may also report the hazard to a Union Steward of the Health and Safety Committee.

The Company agrees to continue to maintain adequate conditions throughout the Plant, to make reasonable provisions for safety and health of its Employees during the hours of their employment; to make available protective devices and wearing apparel which in the opinion of the Company is necessary to protect the Employee from injury.

An Employee who is disabled as a result of an industrial injury shall be paid for the balance of the day or shift on which he/she is injured.

The Company will continue to recognize a joint advisory Safety Committee comprised ofthree (3) representatives of the Company and a like number of regular Employees appointed by the Union, which committee shall meet at mutually agreeable times for the purpose of discussing and furthering the accident prevention program. The Companyagrees to provide certification training to all members of the joint advisory SafetyCommittee.

When a lost time accident investigation is being conducted by the Company the Area Representative of the Union Safety Committee, shall be invited to attend the investigation. Should he/she be absent from work an alternate will be invited.

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Within the spirit and intent of the Ontario Occupational Health and Safety Act, annual medicals will continue to be provided and paid for by the Company.

Medicals will be performed by the Company Medical Doctor and scheduled to be taken in the plant medical office during the Employees regularly scheduled working hours.Employees will not lose pay from their regular scheduled hours to attend to the medical.Notwithstanding the provisions of the Occupational Health and Safety Act, a worker mayrefuse to work or do particular work where he or she has reason to believe that: 1. Any equipment, machine, device or thing the employee is to use or operate is likely to

endanger themselves or another employee or 2. The physical condition of the workplace or the part thereof in which the employee

works or is to work is likely to endanger themselves or another employee, or 3. Any substance, material, agent or chemical the employee is to use is likely to

endanger themselves, another employee or the environment, or 4. Any equipment, machine, device or thing the employee is to use or operate or the

physical condition of the workplace or the part thereof in which the employee is to work is in contravention of the Act or its regulations and such contravention is likely to endanger themselves or another employee.

If as set down in paragraphs 1, 2, 3, & 4, an employee refuses to work or do particular work, the employee shall promptly report the circumstances of their refusal to their supervisor, who shall forthwith investigate the report with the employee and a memberrepresenting workers on the Committee.

Pending the outcome of the investigation in the above paragraph, the employee shall be found reasonable alternative work until such time that the job has been made safe ordetermined to be safe to work on.

ARTICLE 25

JURY SERVICE

The Company will grant the necessary permission to any Employee called upon to serve as a juror or as a subpoenaed witness. For each working day that the Employee is required to be in court, the Company will pay the straight time hourly rate for the number of hours which he/she would normally work on their regular job. The Employee will present proof of service.

ARTICLE 26

HANDICAPPED EMPLOYEES

In the event of Employees sustaining injuries at work, or becoming affected by occupational disease during the course of their employment and becoming physically handicapped as a result thereof, the Company will give the handicapped Employee such suitable employment as is available. Special consideration regarding seniority may be considered by the parties in the application of this Article. The Company adheres to the

31

Ontario Human Rights Code when accommodating employees with disabilities.

ARTICLE 27

JOB POSTING

All newly created positions or vacancies expected to exceed one month in duration shall be posted for seven (7) full calendar days on the Job Posting bulletin board located in the lean-to. These same positions or vacancies will also be communicated to plant employeesvia e-mail when the newly created position (s), posting (s) occur. A copy of such notice (s) shall be given to the Union at the same time.

An Employee desiring the position must make application to management within the seven (7) day posting period. The posting notice shall indicate the title of the occupation, qualifications required and the rate and job grouping or classification. The Company will post a notice indicating the employee selected within 30 days of the posting being removed unless the selection is delayed due to one of the applicants being on vacation or approved leave of absence. An Employee selected for a job shall not be permitted to reapply to fill the vacancy in his/her old job which resulted from his/her acceptance to the new job.

It is understood, however, that the Company may make a temporary appointment for such period as is necessary to complete the posting and filling of such vacancy.Subsequent vacancies due to the transfer of Employees into the initial vacancy will befilled by the transfer of other senior and qualified Employees in accordance with Article 10. A list of the transferred Employees will be included in the notice of successful candidate to the posting.

An Employee who is on an approved leave of absence or vacation during all of the posting period will be considered as having applied for the vacancy.

ARTICLE 28

LEAVE OF ABSENCE

28:01 The Company may grant, on request in writing, leave of absence for personal reasons for a period not exceeding thirty (30) days to an Employee. Such leave may be extended if an Agreement is made between the Employee and the Company.

All seniority rights to be retained while on leave of absence.

No Employee shall accept employment during a leave of absence without the Company’s consent.

The Company will grant requests in writing from the Union for reasonable leave of absence for Union members to attend conventions and conferences. Such leave of absence would be granted without pay and normally only two individuals at the

32

same time for durations not in excess of 2 weeks each except that such numbermay be increased by up to two (2) individuals in the event the Union requests it and the Company determines that such time off would not interfere with efficientoperation requirements. A maximum of ten (10) weeks would be granted during a contract year. A one week’s notice of such leave will be given to the Company.

28:02 An Employee appointed a full time Union official, who can be replaced by an Employee who is equally competent will be granted leave of absence without pay for a period up to 12 months without loss of seniority.

ARTICLE 29

RELIEF PERIODS

A relief period of ten (10) minutes away from work will be provided between the second and third hours of each half shift. It is understood, however, that the scheduling of such relief periods can be changed as operations warrant.

ARTICLE 30

GROUP BENEFIT PLAN

The Group Benefit Plan shall provide the following:

30:01 Weekly Indemnity

The weekly indemnity will not be less than the maximum E.I. benefit amount.

30:02 Salary Continuance

An Employee who qualified for weekly indemnity will receive salary continuance in accordance with the following table, with the following exception:

Starting with an employee’s second call off occurrence during a contract year, theemployee will be subject to an unpaid waiting period of 1 scheduled working day.Absences due to hospitalization or accidents requiring urgent medical attention are exempted from the 1 day unpaid waiting period.

Salary Weekly

Service Continuance Indemnity

Under 3 months 0 0Over 3 months 0 26 weeks Over 6 months 4 weeks 22 weeks Over 12 months 10 weeks 16 weeks Over 18 months 18 weeks 8 weeks Over 24 months 26 weeks 0

Effective May 1, 2008, Salary continuance is 100% of base salary for 16 weeks, 80% thereafter.

Group Medical Benefits continue during salary continuance and/or weekly indemnity.

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The Company reserves the right to verify all absences/illnesses by a Company designated physician.

30:03 Effective May 1, 2008, Semi-private hospital coverage is limited to 14 days per illness/injury.

30:04 Effective May 2, 1982, Employees having completed six (6) months of continuous service with the company are eligible for Long Term Disability benefits. Your coverage will take effect on the first of the month following the completion of eligibility requirements provided you are at work. If you are not at work on that date, your coverage will commence as soon as you return to work on a full-time basis.

Long Term Disability benefits are payable after you have been totally and continuously disabled from sickness or accident for twenty-six weeks. The Plant guarantees that, if you are totally disabled, your combined income will not be less than 66 2/3% of your base salary at the time of disability. This means that, if you receive a disability benefit under the Canada Pension Plan, or Workplace Safety and Insurance Board (WSIB), your income benefit from the Company Plan will be the difference between your government income benefits and 66 2/3% of your pay. You will receive this income up to age 65, or until you are no longer disabled, whichever occurs first. Your disability must be certified by a physician.

In addition, the Plan allows you to participate in a rehabilitation program for a maximum period of twenty-four months. During this period, your Plan benefit will be reduced by only 80% of the income you earn from such rehabilitative employment. If you do not get disability income benefits from any other group plan, government plan, Worker’s Compensation, or other employer-sponsored source, then the Plan will pay the full 66 2/3% up to a maximum benefit of $2,800 a month. Disability benefits are taxable under present Federal Income Tax Law.You are considered totally disabled and eligible for disability pay if – during the first two years of your disability you are completely unable to perform any and every duty of your regular job – after two years you are unable to work at any gainful occupation for which you are reasonably qualified by your education, training and experience.

You must be under the regular care of a physician, but house confinement is not a requirement.

The Plan does not cover disabilities caused by intentionally self-inflicted injuries, pregnancy, childbirth, abortion, miscarriage, war, insurrection, rebellion or voluntary participation in a riot or criminal act.

Group Medical Benefits during Long Term Disability will be continued as outlined in the Memorandum of Agreement dated June 20, 1977 and the Group Benefit Plan No.4.

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Group Life Insurance is continued in force without payment of premiumsprovided disability occurs prior to age 65 provided that proof of disability, satisfactory to Group Insurance Carrier, is submitted.

30:05 a) Limit of $20,000 per 36 months for employees, spouses, dependents up to age 21 (25 if full attendance in school).

b) Effective May 1 2008, Prescription Drugs, serums and injectables reimbursedat 80% for first $2,000 in claims, 100% thereafter, no deductible, per insured individualThe benefits to be eligible until retirement or termination and include all extended health costs and the “100% reimbursement for out-of-province coverage for business or personal reasons up to $5,000,000 per insured person per lifetime”Plan (not limited to 30:05 a).

30:06 Dental Plan covering employees and their eligible dependentsA. Basic Preventative 100% B. Minor Restorative 100% C. Major Restorative 50% coinsuranceD. Orthodontics 50% coinsurance for dependent children under age 19

Current O.D.A. Fee Schedule

$2,500 maximum per plan member, per year for Basic Preventative, Minor Restorative, and Major Restorative; and a $2,000 lifetime maximum for Orthodontics.

Effective May 1, 2008, basic service recall exams every 9 months for employees and dependents over age 16, every 6 months for dependents age 16 and under.

Employees listed on the P4 dental plan will have their appointments scheduled by the Company during normal working hours and will not lose pay from regular hours as a result of such appointments.

The current O.D.A. Fee Schedule is applicable to all dental work including work performed by a specialist.

30:07 Vision Care Benefit – Effective May 1, 2005, three hundred dollars ($300.00) reimbursed every two (2) years on each claim for prescription glasses, or contact lenses, for employees and their adult dependents and per 12 months for dependents under age 18.

30:08 Health Care Spending Account (HSCA) - Effective May 1, 2008, the company will make a $250 deposit per employee to a Health Care Spending Account (HCSA) at the beginning of each contract year. Amounts are pro-rated for

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employees who join the plan or leave the plan mid-year. Funds in the HCSAmust be used by the end of each contract year or will be forfeited. The HCSA is administered by the current Group Benefits Insurer. Eligible expenses are defined by the Canada Revenue Agency (CRA) and may change at any time subject to CRA rulings. Current eligible expenses are provided in Appendix “D”.

30:09 Survivor Benefit – Upon the death of an employee, medical and dental benefits will be continued to the surviving dependents for 90 days after the date of death.

30:10 Retirement – Employees who retire on or after May 1, 2008 and their spouses will have medical benefits bridged to age 65 as per the Group Benefits Plan in force as at May 1, 2008 exclusive of Dental benefits except for Dentures lifetimemaximum of $500.00.

Retirement Medical Benefits for Employees who retired prior to May 1, 2008 will remain in force as per the Memorandum of Agreement dated September 28, 1994. (see Appendix “E”, page 66)

Effective May 1, 2000, at the time of retirement, an employee who retires prior to May 1, 2011 will receive Life Insurance in the amount of seven thousand five hundred dollars ($7,500). .

Effective May 1, 2011 at the time of retirement, an employee will receive a lumpsum payment, minus applicable taxes in the amount of seven thousand five hundred dollars ($7,500).

30:11 In addition to the above, other benefits as well as terms and conditions, are outlined in the Group Benefit Plan No. 4:

Section I Medical BenefitSection II Weekly IndemnitySection III Long Term DisabilitySection IV Dental*

The cost of the above Group Insurance Plan is fully paid by the Company.

*and as amended in Amendment Number 5 to Group Benefit Plan No. 4, effective October 1, 1997. (see Appendix “E”, pages 67-69)

**Employee medical and dental benefits listed in the Collective Agreement,Group Benefit Plan No. 4 and in Amendment Number 5 to Group Benefit Plan No. 4 will not be altered during the term of this Agreement

30:12 The Company will pay the full cost of the Ontario Health Tax Insurance Plan premiums, except new employees, who will pay the first month’s premium.

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30:13 Life Insurance

Effective May 1, 2011 you are insured for $125,000 of Life Insurance prior to your retirement date. This amount will be paid to your beneficiary in case of your death from any cause.

a) Should you become totally disabled prior to age 65, your Life Insurance will be continued in force to normal retirement without payment of premiums if you qualify for Life Waiver of premium, and provided proof of total disability is submitted at least once per year.

b) You will name your own beneficiary. You may change the beneficiary at any time upon request, subject to the laws governing such change.

In addition to the above, terms and conditions are outlined in the Industrial Alliance Master Policy. The cost of the above Life Insurance Plan is fully paid by the Company.

(iv)Employees may apply to the Group Insurer for Optional Life, Spousal Optional Life and Dependent Optional Life subject to the insurers terms and conditions, premiums to be paid by the employee.

30:14 Accidental Death and Dismemberment

(i) In case of death by accidental means within 90 days of such accident, yourbeneficiary will receive, in addition to the amount of Life Insurance, an amount equivalent to your annual salary taken to the next higher multiple of $1,000, if not already a multiple thereof.

In the case of the accidental loss of any two members of the body (hands, feet or eyes) within 90 days of such accident the full amount is paid to you.Similarly, seventy-five per cent (75%) of the amount will be paid for the loss of one member. Thirty-three and one-third (33 1/3) of the amount will be paid for the loss of the thumb and any finger of the same hand. Should the loss occur while you are riding as a fare paying passenger in a public conveyance (such as a bus, taxi, streetcar, train, ship or commercial aircraft) which islicensed to transport passengers for hire; or as the direct result of the burning of a hotel, theatre, school or government building, if the fire commencedwhile you were in the building, the amount payable will be doubled.

In addition to the above, terms and conditions are outlined in the Industrial Alliance Master Policy. The cost of the above Accidental Death and Dismemberment Plan is fully paid by the Company.

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(ii) Employees may apply to the Group Insurer for Optional Voluntary AccidentalDeath and Dismemberment subject to the insurers terms and conditions, premiums to be paid by the employee.

ARTICLE 31

WASH-UP

Employees on non-continuous operations shall be allowed a wash-up period of ten (10) minutes on Company time before their regular quitting time whenever Companyoperations permit.

ARTICLE 32

PENSION

As described in Pension section of this Agreement.

ARTICLE 33

GENERAL

33:01 The present practice on clothing and tools will not be changed prior to agreementwith the Union. Suits of clothing deemed suitable by the Company will be supplied as follows: Shirts, pants, denim jackets, coveralls, wool shirt, parka and insulated coveralls.

Newly hired employees shall be eligible for a 50% Company contribution on each unit until such time as they have completed three (3) months service.

Employees of the Commercial Department are excluded from clothing issue.

33:02 Safety Shoes

Effective May 1, 2003 - $115.00 per contract year for employees of Commercialdepartment only.

33:03 Effective May 1, 2011, shoe and clothing allowances will amount to $330 per year. This amount to be spent as the needs of the employee dictate, within the Company standards. The value of Clothing units will be posted in May and November of each year.

Employees classified as students will be entitled to $15.00 towards the purchase of safety shoes, payable upon completion of 320 hours of work.

33:04 Tool Allowance

Effective May 1, 2003, the tool allowance for tradesmen (M.T.I, M.T. II and M.T. III) will be $100.00 per year payable annually upon completion of tool kit passing inspection.

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33:05 The company shall continue to supply a printable copy of this agreement to each employee in the bargaining unit. The Company will pay all costs of providing the booklets, including printing costs. The Company shall provide the Union with two electronic versions of this agreement in English within fourteen days of signing of the agreement, in both Word and PDF formats. The PDF file will be a searchablefile and will include a completed signature page.

ARTICLE 34

COST OF LIVING ALLOWANCE

A. In the event that C.P.I. (1961 = 100) should exceed 5.0% increase during the 12 months from May 1, 2011 to April 30, 2012 the base rate will be adjusted upwards by the difference between 5.0% and the actual percent multiplied by $29.37 and will become effective on April 30, 2012.

B. A bonus will be paid calculated by multiplying the hours paid from the date theC.P.I. exceeds 5.0% to April 30, 2012 by 50% of the increase calculated in paragraph A) above.

C. Hours paid for the above calculations (B) will beFor hours paid at regular rate 1 For hours paid at 1 ½ x regular rate 1.5

D. In the event that C.P.I. (1961 = 100) should exceed 5.00% increase during the 12 months from May 1, 2012 to April 30, 2013 the base rate will be adjusted upwards by the difference between 5.00% and the actual percent multiplied by $30.03 and will become effective on April 30, 2013

E. A bonus will be paid calculated by multiplying the hours paid from the date the C.P.I. exceeds 5.00% to April 30, 2013 by 50% of the increase calculated in paragraph D) above.

F. Hours paid for the above calculations (E) will be For hours paid at regular rate 1 For hours paid at 1½ x regular rate 1.5

G. In the event that the C.P.I. (1961= 100) should exceed 5.00% increase during the 12 months from May 1, 2013 to April 30, 2014 the base rate will be adjustedupwards by the difference between 5.00% and the actual multiple by $30.71 and will be become effective on April 30, 2014.

H. A bonus will be paid calculated by multiplying the hours paid from the date the

39

C.P.I. exceeds 5.00% to April30, 2014 by 50% of the increase calculated in paragraph G) above.

I. Hours paid for the above calculations (H) will be For hours paid at regular rate 1 For hours paid at 1 Yz x regular rate 1.5

ARTICLE35 TERMINATION

This agreement shall be in effect until April30, 2014 and shall thereafter, continue from year to year unless during the ninety (90) day period immediately preceding the expiration date, either party shall give written notice to the other that it desires revision of this agreement at its expiration date. Where notice of revision is given, negotiations shall commence within thirty (30) days ofthe receipt of such notice.

In witness whereof, the Company and the Union have caused these presents to be executed by their duly authorized representatives, at Port Maitland, Ontario, on this 7th day of December, 2011.

FOR INNOPHOS CANADA, INC., PORT MAITLAND PLANT, SHERBROOKE TOWNSHIP:

John Hynes

John Drewett

Mark Fleguel

John Yaromich

Barb Baird

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FOR THE UNITED STEEL, PAPER, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION (UNITED STEEL WORKERS) LOCAL 6304:

Phil Head

Karl Smith

Terry Chenier

Gregory Garmon

Anita Bryan

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APPENDIX “A”

AUTHORIZATION FOR DUES DEDUCTION

I, the undersigned Employee of Innophos Canada Inc., at their Plant in Port Maitland, Ontario, hereby authorize and direct the Company to deduct the initiation fee, and theneach month, Union dues in the amount prescribed by the Constitution of the UNITED STEEL, PAPER, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIALAND SERVICE WORKERS INTERNATIONAL UNION (UNITEDSTEELWORKERS) LOCAL 6304:, from my wages, and to pay the amount so deducted to the Secretary-Treasurer of the United Steelworkers directly or to the Financial Secretary of Local 6304, United Steelworkers.

Signed …………................................................................................................................

Witness……........................................................................................................................

Date……………………………………………………………………..............................

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APPENDIX “B”

JOBS APPLICABLE TO LEARNER RATE

Applies to learner rate as per article 7:15 to 7:22 inclusive. Jobs where learner rate maybe applied:

MULTI TRADE I MULTI TRADE II

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APPENDIX “C”

JOB TITLES, CLASSIFICATIONS & RATES ($)

Port Maitland Plant

Job Title

Job Class May 1,

2011

May 1,

2012

May 1,

2013

Multi Trade II L.H. 24 36.23 36.59 37.14

Multi Trade I L.H. 23 35.73 36.09 36.63

Multi Trade III L.H. 21 34.81 35.16 35.69

Multi Trade II 21 34.81 35.16 35.69

Phosphates L.H. 21 34.81 35.16 35.69

Multi Trade I Auto Coord. 20 34.39 34.73 35.25

Multi Trade I 20 34.39 34.73 35.25

Senior Chemical Technician 20 34.39 34.73 35.25

Liquid Phosphates L.H. 18 33.45 33.79 34.30

Multi Trade III 18 33.45 33.79 34.30

Procurement/Stores Coordinator 18 33.45 33.79 34.30

Shipper 17 33.00 33.33 33.83

Chemical Technician 15 32.07 32.39 32.88

No. 1 Phosphates Operator 14 31.64 31.95 32.43

Packer Fork Lift 14 31.64 31.95 32.43

Ortho Liquor Mix Operator 13 31.17 31.48 31.95

H.D.Operator 13 31.17 31.48 31.95

Trackmobile Operator 13 31.17 31.48 31.95

Shippers Assistant 12 30.72 31.03 31.50

Lubricator Mechanic 11 30.23 30.53 30.99

Trackmobile Helper 11 30.23 30.53 30.99

General Clerk 2 10 29.79 30.09 30.54

Labourer 3 26.57 26.84 27.24

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APPENDIX “D”

HCSA Eligible Expenses (May 2008)

Your Health Care Spending Account (HCSA) can be used for expenses not covered by the Provincial medical program or your (or your eligible dependent’s) regular medicaland dental plans. In general, any health-related expense that could be used to meetrequirements for deductibility on an employee’s income tax return is eligible forreimbursement. For example, annual deductibles, co-payment amounts and amounts in excess of internal maximums may be reimbursed for both medical and dental benefits, along with the cost of procedures not covered by the underlying medical and dental plans (such as drugs which have been prescribed, but which are also available over the counterand meet the medical requirements for eligibility, vision care expenses and orthodontic work).

In addition to deductible and coinsurance amounts, expenses covered by the account could include the following items, as long as no other provincial health insurance or private insurance plan covers them:

1. Practitioners

! Acupuncturists ! Optometrists

! Chiropodist (Podiatrist) ! Osteopaths

! Chiropractors ! Physiotherapists

! Christian Science practitioners ! Practical nurses

! Naturopaths ! Psychoanalysts

! Nurses ! Psychologists

! Occupational therapists ! Speech Therapists

2. Dental Expenses

! Preventative, diagnostic, restorative, orthodontic and therapeutic care that is deemed dentally necessary

3. Facilities

! Alcoholism or drug addiction treatment centers, including meals and lodging

! Care in a nursing home

! Medical care in a self-contained domestic establishment (e.g. in own home)

! Medical care of a person who has been certified to be mentally incompetent

! Care in a special school, institution or other place for a mentally or physicallyhandicapped individual

! Medical care in an institution

! Care of a blind person

! Full time attendants or care in a nursing home (for confinement to a bed or wheelchair)

! Payments to a licensed private hospital

! Semi-private, preferred, or private charges in a hospital

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4. Devices and Supplies

! Artificial eye

! Artificial limbs

! Crutches

! Device or equipment, including a replacement part, designed exclusively for use by an individual who is suffering from a chronic respiratory ailment to assist breathing, but not including an air conditioner, humidifier, dehumidifier, or air cleaner

! Device or equipment designed to pace or monitor the heart of an individual who suffers from heart disease

! Device designed to assist a crippled individual in walking

! Device or equipment, including a synthetic speech system, Braille printer andlarge print-on-screen device, designed exclusively to be used by a blind individual in the operation of a computer

! Device to decode special television signals to permit the vocal portion of a signalto be visually displayed

! Device designed to be attached to infants diagnosed as being prone to sudden infant death syndrome in order to sound an alarm if the infant ceases to breathe

! Device designed to enable diabetics to measure blood sugar levels

! Drugs, medications or other preparations or substances prescribed by a medicalpractitioner or dentist, recorded by a pharmacy, and used in the diagnosis, treatment, or prevention of a disease, disorder, or abnormal physical state

! Electronic speech synthesizer that enables a mute individual to communicate by use of a portable keyboard

! External breast prosthesis that is required because of a mastectomy

! Purchase and repair of hearing aids

! Hospital bed, including attachments to it that may have been included in aprescription

! Ileostomy or colostomy pads

! Insulin

! Iron lung

! Kidney machines

! Laryngeal speaking aids

! Limb braces

! Mechanical device or equipment designed to be used to assist an individual to enter or leave a bathtub or shower, or to get on or off a toilet

! Needle or syringe

! Optical scanner or similar device designed to be used by blind individuals to enable them to read print

! Orthopedic shoe or boot, or an insert for a shoe or boot, made to order for an individual in accordance with a prescription to overcome a physical disability of the individual

! Oxygen tent or equipment

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! Power operated lift designed exclusively for use by disabled individuals to allow them access to different levels of building or assist them to gain access to a vehicle, or to place a wheelchair in or on a vehicle

! Spinal braces

! Telewriter or similar device, including a telephone ringing indicator, that enables a deaf or mute individual to receive telephone calls

! Walkers

! Wheelchairs

! Wig made to order for an individual who has suffered abnormal hair loss owing to disease, medical treatment, or accident

5. Other

! Ambulance fees for transportation

! Medically necessary cosmetic surgery that meets Canada Customs and Revenue Agency guidelines

! Cost of arranging and having a bone marrow or organ transplant

! Cost of medical services and supplies out of the province of residence

! Hearing expenses, including hearing aids and hearing ear dogs

! Laboratory, radiological, or other diagnostic procedures or services

! Modifications to a home for persons confined to a wheelchair

! Preventative diagnostic, laboratory, and radiological procedures

! Transportation expenses to receive medical care:

" Cost of using public transportation or private vehicle if not available, for distance of 40 kilometers or greater

" Cost of meals and accommodation if travel distance is at least 80 kilometers

" Reasonable transportation, meals and accommodation for one accompanyingperson, if doctor certifies that a person is not capable of travelling alone

! Vision expenses including eyeglasses, contact lenses, and seeing-eye dogs

! Laser eye surgery, including pre and post operative care

Ineligible Expenses for the Health Care Spending Account

The following are examples of expenses that could not be reimbursed through the HCSA:

! Air conditioners, humidifiers, air cleaners

! Diaper services

! Health programs or athletic club memberships

! Maternity clothes

! Personal hygiene products, such as shampoo, toothpaste, contact lens solution, etc.

! Baby formula

! Illegal drugs, procedures and operations

! Non-prescription birth control devices

! Vitamins of an elective nature

! Homeopathic services

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! Weight loss programs and special dieting food programs

! Health equipment in the home

! Non licensed practitioners and licensed practitioners not licensed to perform the procedure provided

! Expenses that are considered experimental and/or are not approved by Canada Customs and Revenue Agency

! Electrolysis or hair removal-unless removed by a medical practitioner and is medically necessary

! Cosmetic surgery that is not medically necessary and does not meet CanadaCustoms and Revenue Agency guidelines

Definitions

Medical practitioner is a person authorized to practice…pursuant to the laws of the jurisdiction in which the service is rendered, thus this may include medicine,dentistry, chiropodists/podiatrists, chiropractors, naturopaths, Christian Sciencepractitioners, nurses, optometrists, osteopaths, physiotherapists, practical nurses, psychoanalysts, psychologists, dietitians, acupuncturists and speech languagepathologists or audiologists and occupational therapists.

Patient is the individual or the individual’s spouse or dependent.

Dependent of an individual is:o A child, grandchild, parent, grandparent, brother, sister, uncle, aunt,

niece or nephew of the individual or of the individual’s spouse, and o Must be dependent on the individual for support at some time in the

year, and o Must be resident in Canada at some time in the year. This requirement

is waived if the person is a child or grandchild.

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APPENDIX “E”

LETTERS OF INTENT,

MEMORANDUMS OF AGREEMENT,

AMENDMENT NUMBER 5

Regarding Page

Oral and written test procedures for Trades positions and Learner jobs to trade

positions ...................................................................................................................................50

Overtime distribution agreement for Chemical Technicians .............................................51

Shift Worker Overtime Distribution Procedure ..................................................................53

Union Office Located at Port Maitland Plant ......................................................................55

12 Hour Shift Agreement .......................................................................................................56

10-Hour Shift Agreement .......................................................................................................60

Clarification of application of the mutual changes with the lead hands............................63

Salary continuance program – coming off the “penalty” system .......................................64

Boot Allowance........................................................................................................................65

Non-related call-ins .................................................................................................................66

Category 2 Protective Clothing .............................................................................................67

SES - Letter of Understanding .............................................................................................68

Article 10 Modification Letter of Intent ..............................................................................69

To clarify the position of Retirement Medical Benefits, hereafter called “benefits”,

originally signed September 28, 1994....................................................................................73

AMENDMENT NUMBER 5 TO GROUP BENEFIT PLAN #4 ........................................74

49

LETTER OF INTENT

between


and

THE UNITED STEEL, PAPER, RUBBER, MANUFACTURING, ENERGY, ALLIEDINDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION (UNITED

STEELWORKERS) LOCAL 6304(herein after called “The Union”)

Re:

Test procedures for Trades positions and Learner jobs to trade positions

For Trades positions and Learner jobs to trade positions, oral, written, and electronic testswill be used as a prerequisite for entry into training programs. These tests will determinebaseline skills capabilities for success in these training programs.Where the results of these tests are within twelve (12) percentage points they will be considered equal. All tests will be administered fairly. All completed tests will be reviewed with the employee, who may have union representation if he chooses. The union shall appoint a representative to be present during the testing, if so requested by the employee.Testing for jobs other than Trades positions and learners will continue as at present.

50

LETTER OF INTENT

between


and



Re:

Overtime distribution agreement for Chemical Technicians

Overtime will be distributed as equitably as possible amongst the qualified people doingthat job according to the shift schedule. Generally, but not in all circumstances, OT will be offered first to the person with the least hours on the lab OT list. In all cases,

overtime will be distributed in accordance with Article 15:05, paragraph 1, of the

CBA.

Full shifts of overtime will be offered to any person scheduled off.

When there is overtime or a call-in on Saturday, Sunday or a statutory holiday it will first be offered to the person with the least amount of hours on the lab OT list.

Part shifts to be worked (Monday – Friday, excluding holidays) will be handled as follows:

Prior to day shift: overtime will be offered to the person lowest on the lab OT list that isscheduled on days. After the end of afternoon shifts: overtime will be offered to the person scheduled on afternoons.

Prior to 3:00 A.M. will be considered as hours that belong to the afternoon shift. Hours after 3:00 A.M. will be considered as hours that belong to the day shift.

When a person has an extended (30 days or more) leave or sickness, they will be chargedwith the average of overtime hours charged to the list during their absence.

Hours charged to the list will include all OT worked plus ½ of call-in hours paid. Also charged to the list will be hours of overtime offered and refused as well as ½ of the hours of call-ins refused.

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Unavailability will be treated as a refusal as long as a proper attempt was made to contact the employee and will be charged to the OT list. Proper attempt will be 1 phone call (5 rings) if someone is needed immediately. If someone is not needed immediately then proper attempt will consist of 2 calls, 1 hour apart or 1 hour to return a message left on an answering machine.

Under the following circumstances overtime will not be offered and will therefore not becharged to the OT list.

I. SicknessII. Vacation

III. Approved Leave of Absence IV. Union business

52

LETTER OF INTENT

between


and



Re:

Shift Worker Overtime Distribution Procedure

NOTE:

1) This procedure applies to distribution of overtime between two employees on the same shift, doing the same job.

2) Clause 15.05 (c) will continue to be used to determine which “shift” has the right to the overtime.

3) In all cases, overtime will be distributed in accordance with Article 15:05,

paragraph 1, of the CBA.

PROCEDURE

1) Lists of employees will be compiled, updated weekly by groups, and posted in the respective department, during the second scheduled day shift of the week. These lists will determine the order for overtime distribution for the week. The employee with the least amount of overtime will be offered the overtime first.

2) Hours charged to the list

a) All hours of overtime worked and refused including call ins.

b) All hours of overtime which occur when an employee is unavailable by reason of any type of approved leave of absence and would otherwise have been offered to him until his return on his next regular scheduled shift.

3) When a transferred employee is returned to his regular job a record of his cumulative overtime hours worked, while transferred, will be recorded on the appropriate list for his group.

53

4) It is the responsibility of the person called to inform the caller of his entitlementor lack of entitlement to overtime, based on a mutual change that is in existencewhen the overtime occurs.

5) The person arranging for the overtime will record on the appropriate list, under the appropriate date, the individual who accepts the overtime and all those who refuse or cannot be contacted.

6) Any new employee, scheduled into a department will be charged with the averageovertime hours of the respective group and thereafter this procedure will apply for as long as the employee is a member of that group.

7) A grievance will be considered under the terms of 15.05 (e).

8) Where it is necessary, an employee who is working on a job which runs into overtime, may be kept on that job for reasons such as safety, or an emergency but these hours worked will be counted.

54

LETTER OF INTENT

between


and



Re:

Union Office Located at Port Maitland Plant

The Company agrees to provide the Union with the centre office of the emergencyresponse building or a mutually agreed area to set up a union office.

55

LETTER OF INTENT

between


and



Re:

12 Hour Shift Agreement

PRODUCTION AND PACKING AND MATERIAL HANDLING

The Company and the Union mutually agree that the following guidelines will apply to 12 Hour Shifts.

Both the Company and the Union agree, that entering or exiting 12 hour shifts should cost neither the Company nor the employee money.

1. All scheduled 12 hour shifts will be worked at straight time hours unless a statutory holiday is involved. Normal pays will be one 36 hour week, one 40 hour week, one 44 hour week, and one 48 hour week. This 48 hour week includes 8 hours overtime as required on each Friday from 8:00 a.m. to 4:00 p.m. unless mutually agreed otherwise. Upon implementation of a relief man this 48 hour week will become a 40 hour week.

2. In the event of a statutory holiday 8 hours will be claimed at straight time by allshifts, and worked time claimed at premium time in excess of 36 hours, 40 hours or 44 hours.

A. The two or three shifts working the holiday will claim 4, 8 or 12 hours premium respectively.

B. The one or two shifts not working the holiday will each claim 8 hours straight time. In the event that these straight time hours are more than 36 hours if on a 36 hour week, or more than 40 hours when on a 40 hour week, or more than 44 hours when on a 44 hour week, these shifts will claim premium time for their last shift worked in the week of the holiday.

56

C. Should an employee be on vacation during a statutory holiday he will be paid 8 hours at straight time for this holiday.

D. When a holiday falls during the week and the plant is scheduled down, employees will be permitted to make mutual changes to make up lost timeat no additional cost to the company or the employee. It is understood that the employee does not have to work the day of the statutory holiday to make up lost time.

OVERTIME

1. If overtime is required as a result of sickness etc. that require full or part coverage for a 12 hour shift, the overtime will be offered as below.

2. In all cases, overtime will be distributed in accordance with Article 15:05,

paragraph 1, of the CBA.

Scenario A – Day 1

First: To the employee who was scheduled to work the last identical shift.Second: To the employee who is scheduled to work on the next identical shift,

providing it is not a back to back shift and if it is, Scenario C applies.

Example: Employee off Monday 8:00 a.m. – 8:00 p.m.

1. Call in employee who worked 8:00 a.m. – 8:00 p.m. Sunday. 2. Call in employee who is scheduled to work 8:00 a.m. – 8:00 p.m.

Wednesday providing it is not a back to back shift, and if it is, Scenario C applies.

3. If neither is available, Scenario C applies.

Scenario B – Day 2

First: To the employee who is scheduled to work on the next identical shift.

Second: To the employee who was scheduled to work the last identical shift, providing it is not a back to back shift. If it is, Scenario C applies.

Example: Employee off Tuesday 8:00 a.m. – 8:00 p.m.

1. Call in employee who is scheduled to work 8:00 a.m. – 8:00 p.m. Wednesday.

2. Call in employee who worked 8:00 a.m. – 8:00 p.m. Sunday, providing it is not a back to back shift and if it is, Scenario Capplies.

57

3. If neither is available, Scenario C applies.

Scenario C

Split 4 hours each between the two employees working the adjacent shifts.

Example: 4 hours after and 4 hours before each shift and 4 hours to any other capableemployee as per the other overtime list procedure. Keeping in mind that theobligation of distributing overtime will be limited to 16 consecutive hoursincluding regular hours worked.

NOTE: Due to safety concerns the company and the union recommend against working excessive hours in a short time frame and further recommend at least 8 hours off between shifts.

2. When three shifts are in sequence, for example on the weekends, overtime will beoffered as above for the first and third shifts in Scenario A & B, but for the middleshift it will be divided as below:

1. Example: Employee off 8:00 a.m. to 8:00 p.m. Saturday, you would useScenario A.

2. Example: Employee off 8:00 p.m. Saturday to 8:00 a.m. Sunday. The first 4 hours would go to Scenario A above. The next 8 hours would go to Scenario B as above.

3. If neither employee above is available use Scenario C.

PREMIUM PAY

A. Premiums to be paid only to the employees working those hours.

Example: Employee on night shift (8:00 p.m. to 8:00 a.m.) will claim 4 hours afternoon premium and 8 hours night premium.

B. Sunday premiums the same.

16 HOUR CLAUSE

For employees working a normal (12 hour shift) the 16 hour clause will apply only when employees are required to work more than 16 consecutive hours in a 24 hour period.

58

For example: Employee worked regular shift 8:00 a.m. to 8:00 p.m. Monday and returns to work at 3:00 a.m. Tuesday and works consecutive to 8:00 p.m. Tuesday would be paid 5 + 12 hours = 17 x 1.5 = 25.5 hours pay. It is understood though that the obligation of distributing overtime is restricted to 16 consecutive hours including regular time.

VACATIONS

Vacations will be covered by the transfer of senior capable employees into the vacationvacancies, in accordance with the CBA.

If the vacation is to be covered by overtime the overtime will be offered as above underovertime.

BEREAVEMENT

1. In the event of a death in the employee’s family as noted in 9.01 (A) of the CBA, bereavement will be granted as follows:

Three full days within a four-day calendar period, provided one of these days is the funeral. Maximum pay for this leave will be as follows: 3 x 8 hour shifts or 24 hours.

2. In the event of a death in an employee’s family as noted in 9:01(B) bereavementleave will be as follows:

Eight hours bereavement leave on the day of the funeral plus an additional 4 hoursleave without pay upon approval and at the employee’s option. Pay for this leave will be as stated in 9:02.

DISCONTINUATION

This mutual agreement may be withdrawn at any time during the existing contract period by a written request from the Company and or the Union with sufficient time to reschedule the employee’s shifts.

59

LETTER OF INTENT

between


and



Re:

10-Hour Shift Agreement

TRACKCREW

The Company and the Union mutually agree that the following guidelines will apply to 10-Hour Shifts.

Both the Company and the Union agree that entering or exiting 10-hour shifts should cost neither the Company nor the employee money.

1. All scheduled 10-hour shifts will be worked at straight time hours unless a statutory holiday is involved. Normal schedule will be 40 hours per week. Day shift will be 6 A.M. to 4 P.M. Nightly shift will be 4 P.M. to 2 A.M. unless mutually agreed otherwise.

2. In the event of a statutory holiday, 8 hours will be claimed at straight time by all shifts, and worked time claimed at premium time for time worked on the holiday.Hours worked in excess of 40 hours in the work week will be paid at overtimepremium rates. For the purposes of calculating hours worked, statutory holidays are considered time worked.

Should an employee be on vacation during a statutory holiday, he will be paid 8 hours at straight time for this holiday. The employee may request 8 hours off without pay to be taken at a later date per article 19:07. The 8 hours off will be granted during a regular scheduled week as a carry over from vacation time.

When a holiday falls during the week and the plant is scheduled down, employees will be permitted to make mutual changes to make up lost time at no additionalcost to the company or the employee. It is understood that the employee does not have to work the day of the statutory holiday to make up lost time.

60

OVERTIME

1. If overtime is required as a result of sickness etc. that require full or part coverage for a 10-hour shift, the overtime will be offered as below: First: To the employee who was scheduled to work the last identical

shift.

Second: To the employee who is scheduled to work on the next identical shift.

For overtime that is less than 5 hours, the shift on duty will be offered this overtime first.

PREMIUM PAY

A. Premiums to be paid only for actual hours worked. Example: Employee on night shift (4:00 p.m. to 2:00 a.m.) will claim 8 hours afternoon premium and 2 hours night premium.

B. Sunday premiums follow the same rules as above.

16-HOUR CLAUSE

For employees working a normal 10-hour shift, the 16-hour clause will apply only when employees are required to work more than 16 consecutive hours in a 24 hour period.

VACATIONS

A vacation schedule will be completed in the first quarter of the year. Vacations will be allocated per existing vacation agreements.

BEREAVEMENT

1. In the event of a death in the employee’s family as noted in 9:01 (A) of the CBA, bereavement will be granted as follows:

Three full days within a four-day calendar period, provided one of these days is the funeral. Maximum pay for this leave will be as follows: 3 X 8-hour shifts or 24 hours.

2. In the event of a death in an employee’s family as noted in 9:01 (B), bereavementleave will be as follows:

Eight hours paid bereavement leave on the day of the funeral plus an additional 2 hours leave without pay upon approval. At the employee’s option, opportunity

61

will be given to make up the two hours. Pay for this leave will be as stated in 9:02.

DISCONTINUATION

This mutual agreement may be withdrawn at any time during the existing contract period by a written request from the Company and or the Union with sufficient time to reschedule the employees’ shifts.

62

MEMORANDUM OF AGREEMENT

between

INNOPHOS CANADA INC

And



Re:

Clarification of application of the mutual changes with the lead hands

To clarify application of the mutual changes with the lead hands, the intent is that theconcept of mutual change should result in neither a gain nor a loss for either the individual or the Company.

For less than 4 hours periods due to mutual changes, when it is not necessary to cover for the lead hand, you are not required to do the job. However, if a lead hand is required (as directed through management), and the employee does the job for more than 1 hour then the employee can claim the higher rate for the day.

63


between

INNOPHOS CANADA, INC

and



Re:

Salary continuance program – coming off the “penalty” system

The following are changes to the salary continuance program proposed to identify the employees with good performance in absenteeism and take them off of the “penalty” system.

A person will come off of the “penalty” system if, on an ongoing basis, there are either 2 incidents or less over any consecutive 24 months period or three or less incidents over a 36 month period.

It is understood that: a) If there is an incident, taking of vacation in lieu of absence still constitutes an incident. b) All new employees would always start on the “penalty” system until their attendance meets the criteria to come off the system.

c) If an individual is off the “penalty” system and incurs 3 incidents or more in the previous 12 months, he or she will revert back to the penalty system and the fourth absence will result in the first day not paid.

64


between


and



Re:

Boot Allowance

To clarify the use of the Boot Allowance, the amount in the boot allowance shall include the necessary Safety Footwear required but can also include the associated socks and liners that may be associated with the boots/shoes.

This memorandum of agreement is for the purpose of buying items sold on the boot trucks (coming to the plant) only.

Employees will be allowed to purchase items relating to footwear and foot care. The purchase of these items will be for the use of the employees only.

Other items sold on the boot truck and items bought at different stores will not be approved for payment.

65


between


and



Re:

Non-related call-ins

This letter of agreement confirms the modification and clarification of Article 17 in theCBA regarding call-ins. This pertains to separate call-ins that are not on the same piece of equipment (non-related call-ins).

It is understood that if a call-in occurs that is not related to the call-in already in progress, the regular call-in procedure will be followed. During the call process, the person being called will be told that there is already a call-in in progress. In this case and where the person on the first call-in stays to perform the work associated with the second or subsequent call-in, the incremental call-in(s) call-in will be paid as separate call-ins.

The call in rate that applies will correspond with the time of each subsequent call in, with those multiple call-ins occurring in accordance with Article 17.01a) & b).

66


between


and



Re:

Category 2 Protective Clothing

This letter confirms that during the life of this agreement, the Company will provideCategory 2 Protective Clothing to employees required to wear it, at the cotton clothing rate.

Employees not required to wear Category 2 Protective Clothing, who want to purchase this clothing will be required to pay the full price.

67

LETTER OF UNDERSTANDING

April 7, 2011

Anita BryanUnited Steelworkers Staff Representative District 6

Dear Ms. Bryan,

The Company understands the Union committee’s concerns expressed regarding the restructuring during Collective Agreement negotiations. The Company agrees to meetwith the Union SES committee within 30-days of the Collective Agreement ratification to discuss Job Class levels related to the restructuring agreed to during the 2011 negotiations. The Union recognizes the Company’s position during negotiations in regards to the job descriptions discussed. The Company and Union also agree that anychange in Job Class levels, or pay rates related to the SES review of the restructured positions will go into effect subsequent to the expiration of the Collective Agreement, no earlier than April 30, 2014.

As discussed during Collective Bargaining, the intent of this restructuring is to maintainthe competiveness and viability of the Port Maitland Plant and not downsize theworkforce through layoff. The Company agrees that no layoff due to this restructuring will occur for existing employees who cannot qualify for the new job classificationsnegotiated in this Collective Agreement. The displaced employees will be red-circled and required to bid on and move into other positions. If they do not bid after a second job posting opportunity, the employee will assume the rate of the job classification to which they have been displaced per Article 10:01 b).

It is the Company’s intent to maintain and upgrade the MT1’s and MT2’s. In the unforeseen event that these job classifications are reduced, the incumbents affected will be given the opportunity to progress to an MT4.

Sincerely,

______________ ______________ John Drewett Anita Bryan Plant Manager USW District 6 Staff Representative

68

LETTER OF INTENT

BetweenINNOPHOS CANADA, INC.

And



Modify Article 10, Promotions Demotions, Layoffs, Recalls, Transfers; paragraphs

10:01 (b), 10:02(i), 10:02 (ii), 10:03 (a), and 10:03 (c) to reflect the addition of new

job classifications; High Density Mix Operator, Production Assistant; and the

removal of the Ortho Liquor Mix Operator.

The new job rates take effect when the restructuring is implemented.

10:01 b) In the event that an employee is to be displaced from his/her permanent job, he/she will be entitled to displace a junior employee in accordance with the provisions of10:01 (a) or to any of the jobs listed below according to his/her seniority.

Packer Fork Lift Preventative Maintenance Mechanic

Multi Trade Helper Trackmobile Helper Trackmobile Operator Shipper’s Assistant Production Assistant Liquid Phosphate Lead Hand

10:02 (i) Vacancies in a, b, c and d listed below will be filled by the senior qualified (job specific skills and knowledge testing) Employee with the capabilities of doing the job and who has experience on the preceding job or jobs in the progressionalsequence.

a) Shipper Trackmobile Operator Shipper’s Assistant Trackmobile Helper

b) Phosphates Lead Hand High Density Mix Operator Production Assistant

69

c) Senior Chemical Technician Chemical Technician

d) Packer Packer Forklift

PROGRESSIONAL SEQUENCE

Article 10:02 (ii)

NON SEQUENCE JOBS

NOTE: In the event of job class changes in any of the above jobs, their relative position in the sequence will be slotted from top to bottom in descending order of their respectivejob class. In the event that sequence jobs are of equal class then position in the sequence will be mutually agreed upon through the S.E.S. Committees.

(a) (b) (c) (d)

Shipper Phosphate Lead Hand Senior Packer(17) (22) Chemical (15)

Technician (20)

Trackmobile High Density Mix (13) (15)

Shipper’s Assistant (12)

Trackmobile Production Chemical Packer Helper Assistant Technician Forklift (11) (12) (15) (14)

10:03 a) If a permanent vacancy occurs in any job previously posted as a training vacancy, all Employees who have successfully completed the training period shall be offered the permanent position in accordance with their plant seniority. Should all such eligible candidates decline the job, it shall be posted subject to Article 27.

70

When there are no successful candidates for a job posting, the qualified person with the minimum seniority will be committed to the vacancy at the rate of pay for that job. Placement in the job will occur in a time period not to exceed six months after completion of training for that job. Jobs to be posted as training vacancies will be mutually agreed upon by the Company and the Union and maybe posted from time to time.

They will include the following jobs:Trackmobile Helper {sequence (a)} Production Assistant {sequence (b)}

Chemical Technician {sequence (c)} Liquid Phosphates L.H. {no specific sequence} General Clerk 2 {no specific sequence} Procurement/Stores Coordinator {no specific sequence}

Packer Forklift {sequence (d)}

10:03 c) For the positions listed below, baseline aptitude and knowledge is required to qualify to be a successful candidate on a training posting. The baseline will be determined by requiring the candidates to write pre-establishedtests. Baseline tests will be developed and agreed to by Union and Managementduring the duration of the contract.

Chemical TechnicianGeneral Clerk 2

Procurement/Stores Coordinator * Phosphate Lead hand High Density Mix Packer

In the event that there is more than one successful candidate passing the test, it is understood that the senior person who has met the baseline aptitude and knowledge test will be given the training.

* At time of implementation the existing phosphate lead hands holding a current form 10 will be grandfathered into the role.

Job specific testing for the positions above will be administered during and upon completion of the training to ensure job competence. In the event that theemployee is not successful at the first attempt, remedial training and a further testwill be provided. In the event the employee is again unsuccessful, he will be disqualified from this posting.

71

REVISED APPENDIX “C”

JOB TITLES, CLASSIFICATIONS & RATES ($)

Port Maitland Plant

Job Title Job Class May 1, 2011 May 1, 2012 May 1, 2013

25 36.63 37.00 37.55

Multi Trade II L.H. 24 36.23 36.59 37.14

Multi Trade I L.H. 23 35.73 36.09 36.63

Phosphate L.H. 22 35.30 35.65 36.18

Multi Trade III L.H. 21 34.81 35.16 35.69

Multi Trade IV 21 34.81 35.16 35.69

Multi Trade 11 21 34.81 35.16 35.69

Multi Trade I Auto Coord. 20 34.39 34.73 35.25

Multi Trade I 20 34.39 34.73 35.25

Preventative Maintenance Mech 20 34.39 34.73 35.25

Senior Chemical Technician 20 34.39 34.73 35.25

Liquid Phosphates L.H. 18 33.45 33.79 34.30

Multi Trade III 18 33.45 33.79 34.30

Procurement/Stores Coordinator 18 33.45 33.79 34.30

Shipper 17 33.00 33.33 33.83

Chemical Technician 15 32.07 32.39 32.88

High Density Mix Operator 15 32.07 32.39 32.88

Packer 15 32.07 32.39 32.88

Packer Fork Lift 14 31.64 31.95 32.43

Trackmobile Operator 13 31.17 31.48 31.95

Production Assistant 12 30.72 31.03 31.50

Shippers Assistant 12 30.72 31.03 31.50

Lubricator Mechanic 11 30.23 30.53 30.99

Trackmobile Helper 11 30.23 30.53 30.99

General Clerk 2 10 29.79 30.09 30.54

Labourer 3 26.57 26.84 27.24

72


between

INNOPHOS CANADA INC

And



Re:

To clarify the position of Retirement Medical Benefits, hereafter called “benefits”,

originally signed September 28, 1994

1. The plan text, including the benefits, are outlined in the existing Plan 4 text and shall form an integral part of this Memorandum of Agreement, exclusive of Dental benefits except for Denture lifetime maximum $500.00;

2. The benefits for those employees who retire, and their spouses or surviving spouses, shall be a “Bridge Plan” only to age sixty-five (65);

3. The plan text shall be referred to as “Plan 4”;

4. The benefits are available to each retiree and each of their dependent(s) as defined in the plan text;

5. The plan shall be adjudicated by a third party insurance carrier appointed by Innophos Canada, Inc. and all premium costs shall be paid by Innophos Canada, Inc.;

6. This Memorandum of Agreement shall form part of Article 30, Group Benefit Plan of the Collective Agreement and shall be incorporated in the handbook;

7. This Memorandum of Agreement will not be altered during the term of the current Collective Agreement.

73

AMENDMENT NUMBER 5 TO GROUP BENEFIT PLAN #4

OF INNOPHOS CANADA, INC.

PART I: MEDICAL BENEFIT

As a result of the delegation of the administration of the Plan to Blue Cross and North American Life, (subsequently Manulife, currently Industrial Alliance effective September 1, 2004), the plan text of Group Benefit Plan #4 of Albright & Wilson Americas Limited,Part I: Medical, shall be amended effective October 1st, 1997 as follows:

These Sections shall be deleted and restated as follows:

Section 1.13(1)Professional services of a certified or registered dietitian to an aggregate maximumpayment per person of $300 per calendar year.

Section 1.13(m)(i)Psychologist – Expenses to an aggregate maximum payment per person of $300 per calendar year.

Section 1.13(m)(ii)Speech Therapist – Expenses to an aggregate maximum payment per person of $300 per calendar year.

Section 1.13(m)(iii)Podiatrist (Chiropodist) – Up to a maximum payment $300 per person, per calendar year.In addition, up to a maximum payment of $150 for the surgical removal of toe nails or the excision of plantar warts.

Section 1.13(m)(iv)Chiropractor, Osteopath, Physiotherapist, Naturopath and Masseur. Expenses up to an aggregate maximum of $300 per calendar year for each. In addition, up to $50 per person per year for each of Chiropractic and Osteopathic x-rays.

Amendment #7: Re: Chiropractors: Effective October 1st, 1997, the yearly benefit for chiropractors will be Three Hundred Dollars ($300). The benefit will be eligible on thefirst visit to the clinic and it will no longer be necessary to wait for the expiration of OHIP coverage.

Section 1.13(m)(v)Psychiatrist: Expenses up to an aggregate maximum payment per person of $500 per calendar year.

Note:Reimbursement of eligible expenses for all of the above services shall apply only to those expenses incurred after applicable provincial maximums have been met.

74

The following Section shall be added:

Section 1.13(n)The following 43 items are added to those specifically listed as eligible expenses according to the provisions stated in Section 1.13:

1. Aerosol equipment2. Apnea monitors – rental or purchase where appropriate testing indicates a

susceptibility of apnea, provided the patient has a history of apnea or where there is a family history of apnea or Sudden Infant Death Syndrome (SIDS)

3. Artificial kidney machine and supplies 4. Blood plasma and other blood products 5. Bed rail 6. Breast prosthesis 7. Canes 8. Casts 9. Catheters 10. Cervical collars 11. Diaphragms12. Glucometer13. Head Halter 14. Hearing aids and batteries ($500/5yr) 15. Ileostomy apparatus and supplies 16. Initial pair of eyeglasses or contact lenses following cataract surgery (one pair

per lifetime)17. Intermittent positive pressure breathing apparatus18. Intrauterine device 19. Lumbar supports if worn on body 20. Mastectomy bras (4 per year) 21. Medical supplies required for the treatment of burns, including gauze and

burn garments22. Medical supplies required for the treatment of varicose veins 23. Mist tent 24. Nebulizers and compressors (standard electric models) 25. Orthopaedic shoes, custom-built or modification or adjustment to stock item

($300 each – 2 pairs/year) 26. Orthotic appliances – custom made by an approved casting technique ($300

each – 2/year) 27. Radium and radioactive isotope treatments28. Repair or replacement of artificial eyes 29. Repair and replacement of artificial limbs30. Repair or replacement of hospital bed 31. Repair or replacement of wheelchair 32. Respirator 33. Shoulder harness

75

34. Smoking cessation aids including patches and nicorette gum 35. Splints, excluding dental splints 36. Surgical bandages or dressings 37. Stump socks38. Traction apparatus 39. Transcutaneous nerve stimulator (TENS) and supplies 40. Tracheotomy supplied 41. Uninary kits 42. Walkers 43. Wigs and hairpieces (lifetime $1500.)

The above expenses must be recommended as medically necessary by a Physician and must be reasonable and customary in comparison with the fees and prices generally charged in the area concerned. Further such eligible expenses shall mean only those expenses which are not payable by, or insured by, any government plan of insurance.Expenses which would have been paid by a government plan; if a satisfactory application had been submitted, shall not be considered eligible expenses.

76


EMPLOYEES’PENSION PLAN

FOR

MEMBERS OF UNITED

STEELWORKERS OF AMERICA

LOCAL 6304

PORT MAITLAND, ONTARIO

77

TABLE OF CONTENTS

Section Page

1. DEFINITION.........................................................................………………….78

2. MEMBERSHIP......................................................................………………….78

3. NORMAL RETIREMENT DATE ........................................………………….784. PENSION BENEFIT .............................................................………………….79

5. CREDITED SERVICE ..........................................................………………….79

6. PENSION OPTIONS.............................................................………………….80

7. FUNDING..............................................................................………………….81

8. BENEFITS ON TERMINATION OF EMPLOYMENT ......………………….81

9. TRANSFERS.........................................................................………………….82

10. ADMINISTRATION.............................................................………………….82

11. CHANGE OR TERMINATION OF PLAN..........................………………….83

12. GENERAL PROVISIONS ....................................................………………….83

13. PERIODICAL REPORTING ................................................………………….84

14. SUPPLEMENTAL PENSIONS ............................................………………….84

78

INTRODUCTION

The following text is the “Plan Text” of the pension plan constituted by the labour agreement enacted May 1, 1973, between ERCO Industries Limited and USWA Local6304 and as subsequently may be amended. This Plan Text replaces the EmployeesPension Plan as described in any previous publication with respect to benefits accruing after the Effective Date. Benefits credited before the Effective Date for members of the Prior Plan will continue to be payable in accordance with the terms of that plan.

SECTION 1

DEFINITION

In this Text the following words and phrases shall have the meanings given:

1:01 Company means Innophos Canada, Inc...

1:02 Effective Date of the Plan is 1st May, 1973.

1:03 Employee means any person employed by the Company who is classified as a member of United Steelworkers of America, Local 6304.

1:04 Member means an Employee who is a Member of the Plan as per Section 2.

1:05 Plan means the Employee’s Pension Plan for the Employees of Innophos Canada, Inc. as described herein or as may be amended from time to time.

1:06 Prior Plan means that ERCO Industries Limited Employees Pension Plan in effect for Employees prior to 1st May, 1973.

1:07 Fiscal Year is the Contract Year.

SECTION 2

MEMBERSHIP

All Employees who complete their probationary period in terms of the CollectiveAgreement are deemed to be Members of the Plan from either the Effective Date or the date of hire, whichever is later.

SECTION 3

NORMAL RETIREMENT DATE

A Member’s Normal Retirement Date shall be the first of the month coincident with or next following the 65th birthday.

79

SECTION 4

PENSION BENEFIT

4:01 Effective May 1, 2011 the pension benefit at normal retirement date will be at the rate of $57.75 per month for each year of credited service calculated as per section 5 from date of hire to April 30, 2012.

Effective May 1, 2012 the pension benefit at normal retirement date will be at the rate of $58.50 per month for each year of credited service calculated as per section 5 from date of hire to April 30, 2013.

Effective May 1, 2013 the pension benefit at normal retirement date will be at the rate of $59.25 per month for each year of credited service calculated as per section 5 from date of hire to April 30, 2014.

Special circumstances where Employees have had interrupted service will be adjusted according to the separate memorandum agreed to by the Company and the Union May 1, 1982.

4:02 Additional Pensions

Any pension payable under Old Age Security or the Canada or Quebec Pension Plan or Supplemental Pensions (see Section 14) or which may have been purchased by Additional Voluntary Contributions (see Section 7:02) will be payable in addition to the above.

4:03 Payment of Pension

Pension will commence to be payable monthly on Normal Retirement Date, Benefits under the Plan cease with the death of the Member except when death occurs after retirement and the Member has elected the optional pension described in Section 6:02.

4:04 Cash Settlement In Lieu Of Small Pension

If the pension calculated according to Section 4:01 would be less than $120.00 per annum, a cash sum will be paid in lieu thereof at Retirement Date.

4:05 Death Benefit

Payable for all years of service.

SECTION 5

CREDITED SERVICE

Credited Service is service as Member calculated in years and tenths of years as follows:

Any contract year in which a Member receives payment for the equivalent of 1800 regular hours worked or more shall constitute one year of Credited Service.

80

Where a Member has fewer than 1800 such paid hours to his/her credit during a contract year, he/she shall be credited with one tenth year of service for each full unit of 180 paid regular hours completed during such contract year. Hours worked shall include paid vacation and paid holidays.

Approved leave of absence due to illness, injury or layoff or due to authorized union business during which the Member may not receive pay from the Companywill be considered as paid hours for purpose of this plan, to the extent of normalhours the Member would otherwise have worked during the period. However, unless such approved leave of absence is due to illness or injury, such a memberwho does not report for work within five years of when earlier recalled shall be treated as a termination in accordance with Section 8 from the date the layoff or leave of absence commenced.

Where a Member on approved leave of absence due to illness or injury does not report for work within five years, he/she shall be treated as a termination onlyfrom the date of expiry of the said five years.

SECTION 6

PENSION OPTIONS

6:01 Early Retirement

At the Member’s option a reduced pension may be taken at or after age 55 provided the Member has at least 10 years of continuous service.

The pension payable on Early Retirement will be the normal pension credited to the date of retirement reduced by ¼ of 1% for each month by which the retirementis earlier than age 65 and later than age 60 and ½ of 1% for each month by which the retirement is earlier than age 60 and later than age 55.

Effective May 1, 1990, an unreduced pension is provided at age 60 or later provided the sum of age plus service is equal to or higher than 85.

6:02 Joint Pension With Beneficiary

A Member may by written request to the Company at any time before RetirementDate elect to convert the pension otherwise payable on retirement into the form of a joint pension with a beneficiary. Under this option a reduced actuariallyequivalent amount of pension is payable throughout the Member’s lifetime with the provision that after the Member's death the payment shall continue during the life-time of his/her spouse or other dependent who has been designated as his/her beneficiary, if such person is then living. The joint pension with beneficiary can be further selected to:

a) continue the pension in the same amount to the survivor, or

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b) reduce the survivor’s pension to two-thirds of the joint pension, or

c) reduce the survivor’s pension to one-half of the joint pension. If the Member or his/her designated beneficiary dies before Retirement Date the election of this option will automaticallycancelled.

SECTION 7

FUNDING

7:01 Company Contributions

The Plan will be funded through Pension Trusts to which the Company will contribute such amounts as will make the total yearly remittance not less than the amount certified in an Actuarial Report prepared by a Fellow of the Canadian Institute of Actuaries to be necessary to provide the pension accruing to theMembers during the current year plus any amount required for liabilities or experience deficiencies in accordance with any applicable legislation andregulations thereunder and any additional sums as may be required to cover the administrative expenses of the Plan. The assets of the fund will be invested in the securities and loans prescribed by applicable legislation.

7:02 Employees Voluntary Contributions

The full cost of the Plan is paid by the Company but Members may voluntarily make additional contributions by payroll deduction within the limits prescribed by the Income Tax Act, for the purpose of purchasing additional pension. Foradministrative purposes the amount of voluntary contribution must be at least $300.00 per annum. The amount of pension so purchased cannot be guaranteed as it depends on the investment performance of the pension fund but samples at various assumed interest rates may be supplied on request to the HumanResources Department. Such voluntary contributions cannot be withdrawn while in the service of the Company.

SECTION 8

BENEFITS ON TERMINATION OF EMPLOYMENT

8:01 A Member whose employment terminates before Retirement Date and who on the date of termination has been in the service of the Company for a continuous period of ten years shall receive a deferred life annuity payable from NormalRetirement Date calculated in respect of Credited Service at the Date ofTermination.

8:02 The deferred life annuity is not capable of surrender or commutation during the lifetime of the Member and does not confer upon any Member, personal representative or dependent, or any other person any right or interest in such a deferred life annuity capable of being surrendered or commuted during the life-time of the Member.

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NOTE:1) For the purposes of this Section continuous service includes continuous service

with Albright & Wilson Americas Buckingham and/or Sherbrooke Metallurgical.

2) Benefits accumulated under the Prior Plan will also be payable in accordance with the terms of that plan.

3) Additional Voluntary Contributions made in accordance with Section 8 may be taken in the form of a cash surrender value or as pension at the Member’soption.

SECTION 9

TRANSFERS

Employees who cease to qualify for Membership by reason of transfer from the categorydefined in Section 1:03 to other employment with the Company will retain Credit Serviceaccumulated up to the date of transfer. In the event of subsequent retirement or termination of service the terms of Sections 4 or 8 will apply.

Employees becoming eligible by reason of transfer from other employment in the Company will resume or commence to accumulate Credited Service under the Plan fromthe date of transfer provided that he/she is otherwise eligible in accordance with Section 2.

SECTION 10

ADMINISTRATION

The pension plan shall be administered by the Company and the total cost of the administration shall be borne by the Company.

There shall be a Pension Plan Committee comprising three members of the Union and three Company members. The Committee will meet on an annual basis or more often if requested. The duties of the Committee shall be:

! review of pension plan statistics ! review of periodic financial and actuarial reports on the plan ! verification of service credits ! audit the entitlement to pensioners

Members who have a difference of opinion regarding the application of the pension agreement that is not settled by the Pension Committee may file a grievance as providedunder the appropriate collective agreement.

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SECTION 11

CHANGE OR TERMINATION OF THE PLAN

11:01 The Plan is subject to renewal or termination on 1st May, 2005 or to amendmentat any time as may be required by legislation. However, the Plan will continuefrom year to year, unless either party gives notice to the other of its intention to change, discontinue or otherwise modify the Plan.

11:02 If the Plan is amended the benefits accrued in respect of Credited Service prior to the date of amendment will not be adversely affected. Replacement of the Plan by another shall be considered as an amendment to the Plan.

11:03 Subject to the provision of any relevant legislation if the Plan is terminated and is not replaced, the accrued benefits of retired members shall vest fully in them and the accrued benefits of other Members and former Members shall vest in the formof deferred life annuities payable from Retirement Date. If there are remainingassets in the Deposit fund after liabilities for all benefits under the Plan to the date of termination have been provided for, the balance of the Deposit fund shall be returned to the Company or used as the Company so directs, subject to any applicable legislation.

SECTION 12

GENERAL PROVISIONS

12:01 The Company shall provide each Member with a written explanation of the termsand conditions of the Plan and amendments thereto which explain the rights and duties of Members with reference to the benefits and options available under the Plan.

12:02 The pensions and other benefits provided under the terms of the Plan are not capable of assignment or alienation and do not confer upon any Member, personal representative or dependent, or any other person, any right or interest in the pensions and other benefits capable of being assigned or otherwise alienated.

12:03 Nothing contained herein shall confer upon any Employee the right to be retained in the service of the Company nor shall it interfere with the right of the Companyto discharge or otherwise deal with Employees.

12:04 Members shall furnish the Company with such information as may be required to establish proof of age for himself/herself or a joint pensioner.

12:05 If it is determined that any person entitled to a payment hereunder is incompetentby reason of physical or mental disability or for any other reason incapable of giving a valid receipt, the Company may in good faith cause any payment due to such person to be made to another person for his/her benefit. Payments so madeshall fully discharge the Company from further liability thereto.

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12:06 Canada Revenue Agency RulesTaxation regulations require it to be stated that pension under the Plan must not exceed at retirement, termination of employment or termination of the Plan, the lesser of:(i) $1722 times the number of years of service not exceeding 35, or (ii) an amount that is the product of:

(a) 2% per year of service not exceeding 35 years, and (b) the average of the best five years of remuneration paid to the

Employee by the Employer.

SECTION 13

PERIODICAL REPORTING

13:01 Initial Registration

Registration Form T.510 was filed with the Canada Revenue Agency and Registration Form No. 1 was filed with the Financial Services Commission ofOntario together with copies of the Funding Contract, Actuarial Report and the Plan text containing the Terms of the Plan. The C.R.A Registration Number is 0375832.

13:02 Annual Information Return

Annual Information Return Form 2 will be filed by the Company with the Pension Commission of Ontario not later than six months following the end of each fiscal year of the Plan.

13:03 Triennial Review and Cost Certificate

As of the end of each three year period following the Effective Date, an Actuarial Report, and Cost Certificate shall be prepared for submission by the Company as soon as possible after the end of each period in accordance with the Pension Benefits Act regulations. This review will form the basis of the cost of the plan for the following three year interval and will be referred to for the purposes ofSection 7. In the event of the Plan being amended, a copy of the amendmenttogether with an Actuarial Report prepared in a similar manner, if necessitated by the amendment, will be submitted by the Company likewise.

SECTION 14

SUPPLEMENTAL PENSIONS

14:00 Effective May 1, 1982:

a) All current members of this plan will have their credits as outlined in Section5, made retroactive to their last date of hire or to an adjusted date as established in accordance with the separate memorandum agreed to by the

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Company and the Union. b) Benefits accruing to any current member of the plan from any previous plan

or plans will be as outlined in the separate memorandum agreed to by the Company and the Union.

c) Future members of this plan will have their credits established as outlined in Sections 2, 5 and 9.

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IINNNNOOPPHHOOSS CCAANNAADDAA,, IINNCC.

SAFETY POLICY

No task or job is so urgent or so important that we cannot take the time to do it safely.

High safety awareness exists continuously. Hazards are identified,eliminated or properly guarded. All Employees are trained in safe practices and consistently apply them. The work environment is such that zero lost time is a reality. Personal suffering does not exist.

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