COLLECTIVE AGREEMENT - Ontario Industrial... · Letter of Understanding-Apprenticeship Program...

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COLLECTIVE AGREEMENT

BETWEEN

JUNGBUNZLAUER CANADA INC. (Hereinafter referred to as "the Company" or "the Employer")

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175.

(Hereinafter referred to as "the Union")

EFFECTIVE: SEPTEMBER 4, 2018 TO SEPTEMBER 3, 2023

TABLE OF CONTENTS

Article Page

Purpose ............................................................................................................... 2 1 Recognition ......................................................................................................... 2 2 Union Security ..................................................................................................... 3 3 Union Stewards and Committees ........................................................................ 5 4 Management Functions ...................................................................................... 6 5 Discrimination ..................................................................................................... 7 6 Strikes and Lockouts ........................................................................................... ? 7 Grievance Procedure .......................................................................................... 7 8 Arbitration ............................................................................................................ 9 9 Health and Safety ............................................................................................... 11 10 Leave of Absence ............................................................................................... 11 11 Seniority .............................................................................................................. 14 12 Vacancies, Job Posting, Promotions and Transfers ............................................ 16 13 Layoff and Recall ................................................................................................ 17 14 Wages and Classifications .................................................................................. 18 15 Hours of Work and Overtime ............................................................................... 19 16 Vacations ............................................................................................................ 21 17 Paid Holidays ...................................................................................................... 23 18 Health and Welfare ............................................................................................. 25 19 General ............................................................................................................... 27 20 Duration .............................................................................................................. 28

Schedule "A" ................................................................................................... , ... 29

Letter of Understanding- Internal Promotion Process ....................................... 31

Letter of Understanding- Pay Equity ................................................................. 32

Letter of Understanding- Maintenance Call In ................................................... 33

Letter of Understanding- Packaging and Shipping Departments ....................... 34

Letter of Understanding- Apprenticeship Program ............................................ 35

PURPOSE

WHEREAS it is the desire of both parties to this Collective Agreement:

(a) to maintain and improve the harmonious relations and settle conditions of employment between the Employer and Union;

(b) to encourage efficiency in operation;

(c) to promote the morale and well-being of all employees in the bargaining unit of the Union.

NOW THEREFORE, WITNESSETH that the parties hereto agree as follows:

ARTICLE 1 - RECOGNITION

1.01 The Company recognizes the United Food and Commercial Workers International Union (UFCW Canada) as the bargaining agent of all employees of Jungbunzlauer Canada Inc., employed in the City of Port Colborne, Ontario, save and except supervisors, those above the rank of supervisors, office staff, clerical staff and students employed during the summer vacation period and employees covered by a subsisting Collective Agreement.

Clarity note: supervisors include Team Leaders, Coordinators, and Senior Maintenance Technicians.

1.02 The term "employee" as used in this Collective Agreement shall mean only those employees who are included in the bargaining unit, as described in Article 1.01 above. For the purposes of interpretation, whenever the feminine gender is used in the Collective Agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice-versa, whenever the context so requires.

1.03 The Employer shall not enter into any agreement of contract with those employees for whom the Union has bargaining rights, either individually or collectively.

1.04 The employees of the Employer not covered by this Agreement shall not perform work normally performed by bargaining unit employees if such work results in a layoff or any loss of any regular hours.

1.05 The Company will not contract out any bargaining unit work to the extent that such contracting out will directly result in the lay-off or reduction of regular hours of any bargaining unit employee.

1.06 Part-time or temporary employees or any combination of part-time or temporary employees shall not be used to the extent they displace, replace or prevent the hiring of a full-time employee.

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Notwithstanding the above, the Company may employ temporary employees to replace full time employees who are absent due to parental or maternity leave or because of illness or injury if the Company anticipates that the absence due to illness or injury will exceed thirty (30) days.

A temporary employee may only work for a maximum of twelve (12) months, unless mutually agreed by the Company and Union in writing. In the event that an employee is off on extended maternity or parental leave, the temporary employee may work up to eighteen (18) months. The Company may also hire a temporary employee to replace a bargaining unit employee promoted to a nonunion position for a period of up to six (6) months.

Temporary employees are entitled to the wage rates provided for in Schedule "A" to the Collective Agreement. After 800 hours worked, the Company will provide a temporary employee with group life, accidental death and dismemberment and extended healthcare (excluding drugs and dental) insurance comparable to regular employees (subject to availability through the Insurance Company).

Temporary employees shall pay Union dues. Temporary employees shall be considered for permanent positions prior to new hires. Temporary employees who become full-time shall have their seniority back dated to their original hire date as a temporary employee.

A temporary employee may be terminated during their employment without cause and without resort to the grievance and arbitration procedures in this Collective Agreement.

Prior to bringing in temporary employees, the Company will offer temporary vacancies in bargaining unit positions to qualified bargaining unit employees.

ARTICLE 2 - UNION SECURITY

2.01 (a) Employees on the payroll of the Employer as of the date of ratification who are members of the Union in good standing must thereafter remain members of the Union as a condition of employment.

(b) Upon ratification, the Union will give all employees who have not signed Union Application forms the opportunity to sign such forms.

(c) All employees of the Employer hired on or after date of ratification shall become and thereafter remain members of the Union in good standing as a condition of employment.

(d) The Employer shall remit to the Union, within fifteen (15) calendar days following date of hire, the United Food and Commercial Workers Canada, Local 175 Union Membership Application Form signed by the new employee.

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2.02 (a) (i) The Employer shall, during the term of this Collective Agreement, as a condition of employment deduct from members of the bargaining unit, the regular weekly Union Dues and such Dues shall be remitted to the Union prior to the fifteenth {15th) day of the month following the month in which such deduction is made.

(ii) The Company shall collect membership initiation fees as may be established by the Union and forward application forms and such fees to the Union with the regular monthly dues remittance.

(b) With the monthly remittance, the Company will provide the Union with a hard copy of the spreadsheet which will provide the following information from the Company's files. The Company will also provide the following information via email to ([email protected]).

1. SIN 2. Employee number 3. Full name 4. Full address including city and postal code 5. Telephone number including area code 6. Date of hire 7. Rate of pay 8. Classification 9. Union dues deducted (or the reason no deduction was made} 10. Total dues deducted. 11. Initiation fees deducted

It is the employee's responsibility to ensure the Company has up to date information.

(c) The Employer agrees to record the annual Union dues for each employee on his/her T4 form.

2.03 The Union shall provide the Employer with thirty (30) days written notice of any increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

2.04 The Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with the collection and remittance of such dues.

2.05 When the Company hires a new employee the Company will advise the employee that a Collective Agreement is in effect and will provide the employee with a copy of this Collective Agreement.

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ARTICLE 3- UNION STEWARDS AND COMMITTEES

3.01 No individual employee or group of employees shall undertake to represent the Union at meetings with the Employer without proper authorization of the Union.

In order that this may be carried out, the Union will supply the Employer with the names of its Representatives in writing.

3.02 Employees may review their personnel file in the Human Resources office upon providing at least one week's notice in writing to Human Resources.

3.03 (a) The Union shall have the right to appoint or otherwise select four (4) stewards from amongst seniority employees within the bargaining unit.

(b) The Union shall notify the Employer in writing of the names of each Steward and, where applicable, each Committee member, before Management shall be required to recognize any person so selected.

(c) The Union acknowledges that the Stewards have regular duties to perform on behalf of the Employer and may not leave their regular duties without notifying their immediate supervisor. Each Steward shall, with the consent of their supervisor, be permitted to leave their regular duties for a reasonable length of time without loss of pay, to function as a Steward as provided in this Collective Agreement. Such consent from the supervisor shall not be unreasonably withheld.

3.04 When a new employee commences employment in this bargaining unit, the Company will advise the employee of the names of the Union Stewards.

3.05 The Business Representative of the Union by appointment and with prior permission form the Human Resources Coordinator may enter the Company premises from time to time or to do unit visits in the administration of this Agreement. Such permission shall not be unreasonably denied.

3.06 (a) The Employer agrees that whenever an employee is subject to any action that is intended to become part of an employee's record regarding his/her work or conduct; a Steward will be present as a witness. An employee who requests a Steward to leave any such meeting shall sign a waiver of his/her rights.

(b) In the event a Steward is not available, this condition will be brought to the attention of the employee. The action that becomes part of the employee's record will then be postponed until the Steward is available.

(c) If any action is taken without the Steward, any conclusions, verbal or written, will be null and void except in the case where the employee requested the Steward to leave.

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If necessary, the Company may remove an employee from the premises until such time as a Steward is present. In the event a Steward is not present at the request of an employee, the Company shall provide a copy of the discipline levied and a copy of the waiver that the employee signed concerning representation to the Union following the discipline.

3.07 The Company agrees to recognize a bargaining committee that includes three (3) employees, one (1) of whom will be the Chief Steward, for the purposes of renegotiating this Collective Agreement. The employee members of the bargaining committee shall receive their regular pay for all regularly scheduled hours lost due to attendance at negotiation meetings with the representatives of the Company up to and including Conciliation. Where possible the bargaining committee will have a minimum of one employee from each of the Glucose and Citric plants.

ARTICLE 4 - MANAGEMENT FUNCTIONS

4.01 Except to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Company. The Company's exclusive rights, powers and authority shall include but not be confined to:

(a) the right to maintain order, discipline, and efficiency;

(b) the right to plan, direct, control, alter, expand, curtail or cease any operation or any part thereof and the right to designate, establish, revise or discontinue departments;

(c) the right to: make, enforce and alter, from time to time, reasonable rules and regulations to be observed by the employees; hire, transfer, promote, demote, assign duties, lay off, determine required qualifications, recall, discharge, suspend or otherwise discipline employees, provided that a claim that an employee with seniority has been discharged or disciplined without just cause or has been dealt with contrary to the provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided;

(d) the right to determine: the work to be done, the methods, techniques, equipment and materials to be used; the scheduling, location, work, assignments, standards of performance and number of employees required;

(e) the right to determine: the services to be provided; the schedule of hours of work; the number of shifts; whether there shall be overtime and who shall perform such work; the number of hours to be worked; starting and quitting times, and, generally, the right to manage the Company and its operations subject to the express terms of this Agreement.

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4.02 The Company agrees that such rights shall be exercised in a manner which is consistent with the provisions of this Collective Agreement.

ARTICLE 5- DISCRIMINATION

5.01 The Company and the Union agree that there will be no discrimination, intimidation, interference, restriction or coercion exercised either by the Company or the Union or their respective representatives with respect to any employee because of an employee's membership or activity in the Union or nonmembership or non activity in the Union or the employees national or ethnic origin, race, creed, colour, age, handicap, sexual orientation, marital or family status.

ARTICLE 6 -STRIKES AND LOCKOUTS

6.01 The Employer will not cause or direct any lockout of its employees, and the Union will not cause or direct any strikes during the term of the Collective Agreement.

6.02 The definitions of the terms "strike" and "lockout" as used in Section 6.01 above shall be in accordance with the Labour Relations Act.

ARTICLE 7- GRIEVANCE PROCEDURE

7.01 Any disagreement between the Employer and the Union, or between the Employer and an employee covered by this Collective Agreement which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Collective Agreement, may be considered as a grievance.

7.02 Step 1

It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. If an employee has an unsettled complaint regarding the interpretation, application, operation, or alleged violation of this Collective Agreement; then,

The employee and or his/her Steward may take the matter up with his/her immediate supervisor within fifteen (15) calendar days of when the matter came to or ought to have come to the attention of the employee. The supervisor shall render his/her decision in writing within ten (1 0) calendar days of the receipt of the complaint.

Step 2

Failing settlement at Step 1, the Steward and/or the employee shall submit the written grievance within ten (1 0) calendar days to his/her supervisor or his/her designate. The supervisor or his/her designate shall render his/her decision in

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writing to the Union Steward and the employee within ten (1 0) calendar days after presentation at this Step.

Step 3

Failing settlement at Step 2, a Union Representative of the United Food and Commercial Workers Union may within ten (1 0) calendar days, schedule a meeting with the Employer or his/her designates. The Union Steward and/or the employee may be present at such meeting. Upon completion of this meeting, the Employer or his/her designate shall render his/her decision within ten (1 0) calendar days.

Failing settlement at Step 3, the grievance may be submitted to arbitration within thirty (30) working days (i.e. Monday through Friday) after the decision has been received at Step 3.

7.03 In view of recent changes to the Ontario Labour Relations Act, and resulting decisions therefrom, and in view of the parties' history of amiable Labour Relations, the parties agree to the following:

That neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other party written prior notice of its intent to do so.

Should either party serve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in doing so.

7.04 Group Grievance

The Employer will recognize a group grievance as one which affects more than one employee with respect to whom the issues and facts are substantially the same.

7.05 Policy Grievance

Any differences arising directly between the Union and the Employer, relating to the interpretation, application or alleged violation of the Collective Agreement may be presented by either party as a Policy Grievance within thirty (30) calendar days after the date when the Union or Employer first became aware of the event giving rise to the grievance commencing at Step 2. It is understood, however, that the provisions of this paragraph shall not be used with respect to a grievance directly affecting an employee(s) and that the regular grievance

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procedure shall not be by-passed unless the employee has refused to file a grievance within the prescribed time limits after being so requested by the Union and the alleged grievance directly affects the interest of other employees.

7.06 Discharge or Discipline Grievances

A claim by a seniority employee that he/she has been disciplined or discharged will be treated as a special grievance commencing at Step 3 of the Grievance Procedure, provided the grievance is submitted within ten (1 0) calendar days after the discipline/discharge occurs.

Such special grievances may be settled by confirming the discipline or discharge, or by reinstating the employee with full compensation, or by any other arrangement which is just and equitable in the opinion of the conferring parties.

It is agreed that the Union will be notified immediately of the dismissal of any employee in the bargaining unit.

7.07 Sunset Clause

The Company will not rely upon a verbal or written warning for any disciplinary or other purpose twelve (12) months after the warning is issued provided no other discipline is issued in that period. The Company will not rely upon a suspension for any disciplinary or other purpose twenty-four (24) months after the suspension is issued provided no other discipline is issued in that twenty-four (24) month period. Discipline will be removed from the employee's file when the relevant time has elapsed. If a verbal warning(s), written warning(s) and/or suspension(s) is withdrawn as a result of the grievance or arbitration procedure it will be removed from the employee's file.

7.08 No seniority employee covered by this Collective Agreement shall be disciplined in any manner, suspended or discharged without just cause. The Company shall apply the principle of progressive discipline and agrees that, except in cases of serious misconduct, discipline will generally proceed in stages (e.g. verbal warnings, written warning, suspension, as appropriate). All discipline will be conducted in a private and confidential setting.

ARTICLE 8- ARBITRATION

8.01 Where a difference arises between the parties relating to the interpretation, application or alleged violation of this Agreement, either party may, after exhausting the grievance procedure established by this Agreement, notify the other in writing of its desire to submit the grievance to arbitration. The party wishing to refer a grievance to arbitration must do so within thirty {30) working days of the answer at Step 3of the grievance procedure.

8.02 An Arbitrator shall be selected by the parties by agreement. Should the parties be unable to mutually agree on an arbitrator within ten (1 0) working days after

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the notice required in 8.01 was given, either party is entitled to request the appointment of an Arbitrator by the Office of Arbitration, of the Ministry of Labour. The Arbitrator shall hear and determine the grievance and shall issue a decision. The Arbitrator's decision shall be final and binding upon the parties and upon any employee affected by it.

8.03 Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Employer and the Union.

8.04 Each of the parties hereto will jointly share the fees and expenses of the Arbitrator, if any.

8.05 The Arbitrator shall not be authorized to amend any part of this Agreement or to make any decision inconsistent with the provisions of this Agreement. Notwithstanding the above, an arbitrator shall be authorized to interpret and apply human rights and other employment-related statutes despite any conflict between those statutes and the terms of the Collective Agreement.

8.06 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.

8.07 In determining any discharge, the Board of Arbitration shall have the authority to:

(a) affirm the Employer's action and dismiss the grievance, or;

(b) set aside the penalty imposed by the Employer and restore the Griever to his/her former position with or without compensation, or;

(c) vary or alter the penalty imposed by the Employer, or make such other determination as the Board in its discretion may deem just and reasonable;

8.08 At any stage of the Grievance Procedure, including arbitration, the parties may have the assistance of the employee(s) concerned as witness(es) and any other necessary witnesses. All reasonable arrangements (to be coordinated through the Human Resources Coordinator) will be made to permit the conferring parties or the arbitrators to have access to any part of the Employer to view any working conditions which may be relevant to the settlement of the grievances.

For the purposes of determining entitlement to overtime, time spent during grievance meetings with management and arbitration shall be deemed to be time worked up to the basic work day or work week.

8.09 When a grievance is referred to arbitration, the parties may agree to have the matter heard by a Board of Arbitration, in which case each party will appoint its nominee to the Board of Arbitration within seven (7) working days of the date on which the grievance is referred to arbitration. The nominees will agree upon the

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selection of a chairperson within ten (1 0) working days after they are appointed. The decision of a majority of the Board shall be the decision of the Board. The Company and the Union will be responsible for the fees and expenses of their respective nominees. All other terms and conditions of this article apply to a Board of Arbitration.

ARTICLE 9 - HEALTH AND SAFETY

9.01 The Company, the Union and the employees agree to co-operate in the prevention of accidents and to promote the health and safety of all employees at the work place. The Company agrees to take all reasonable precautions for the safety of its employees during working hours. The employees will comply with all Company safety requirements.

9.02 The Company agrees that the Union has the right to choose two (2) employee members of the Joint Health and Safety Committee in accordance with the committee's Terms of Reference. One of the two members will be provided with "basic certification" by the Company. Employees who are members of the Committee shall be deemed to be at work while performing the statutory duties of a committee member and shall be paid for such period of time at the regular or overtime rate of pay that is appropriate under the Collective Agreement.

9.03 The Company will provide each active employee with uniforms and appropriate clothing and/or other safety devices as required for the employee's position. It will be the responsibility of the employees to maintain all property given to them in good condition. The employees will be responsible for laundering their own uniforms. In addition to the above, the Company will reimburse for up to three (3) pairs of boots per year and any further boots will be supplied based on demonstrated need for purchasing electrically insulated (Omega Rated), Green Patch safety footwear, upon receipt of satisfactory proof of purchase. The maximum number of boot reimbursements will be one pair per quarter (i.e. January-March, April-June, July-September, October-December) unless the employee demonstrates the need for an additional pair of boots.

9.04 Should an employee be sent home or for treatment as a result of an .accident covered by the Workplace Safety and Insurance Act, he shall be paid for the remainder of his normal shift on the day of the accident by the Company at the ~e~peylo~. ·

ARTICLE 10- LEAVE OF ABSENCE

10.01 The Company agrees to maintain employee benefits during absence due to illness or injury. Subject to Article 11.05, seniority shall continue to accrue during any leave of absence or lay-off.

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10.02 Family Responsibility Leave

Effective January 1, 2019, employees will be entitled to up to three {3) days of unpaid family responsibility leave per calendar year in the event that they are unable to work due to an illness, injury, medical emergency or urgent matter that concerns any of the following:

{a) The employee's spouse.

{b) The parent, step-parent or foster parent of the employee or the employee's spouse.

(c) The child, step-child or foster child of the employee or the employee's spouse.

(d) The grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse.

(e) The spouse of a child of the employee.

(f) The employee's brother or sister.

(g) A relative of the employee who is dependent on the employee for care or assistance.

An employee requiring family responsibility leave shall notify the Company prior to beginning the leave or, if that is not possible, as soon as possible after beginning the leave. Where reasonably possible, such notice must be provided at least four (4) hours prior to the scheduled commencement of the shift. The Company may require an employee who takes leave under this section to provide evidence reasonable in the circumstances.

1 0.03 For all other leaves of absence, the Employer may grant leave without pay to an employee who requests such leave for good and sufficient cause provided such request i$ in writing and provided to the Employer at least one (1) week prior to the commencement of the leave of absence. The Company will reply in writing within five (5) working days (working days meaning Monday to Friday) of the filing of the request for leave. Approval shall not be unreasonably denied. It is understood that employees on a leave of absence shall not utilize the leave for purposes other than those for which the leave was granted. Short-term leaves of absence with less than one week's notice will be at the discretion of the Employer but won't be unreasonably denied.

10.04 (a) The Company may grant leave of absence without pay to members to attend Union conventions and educational sessions up to a total of 20 working days in a calendar year for the bargaining unit. Such leave shall not be unreasonably denied. The Company shall not be required to

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schedule overtime to cover for these leaves. Such leaves must be applied for at least 2 weeks in advance.

(b) An employee elected or appointed to a paid full-time position within the Union, shall be granted leave of absence without pay or benefits. The leave shall not exceed one (1) year and shall be limited to one (1) employee during the term of this Agreement.

(c) The Employer will pay the lost wages of employees who are on leave of absence at the written request of the Union and the Union will reimburse the Employer the full amount of lost wages paid to the employees including CPP and El.

10.05 Juror/Crown Witness

The Company will pay an employee who is required to serve as a juror or Crown witness the difference between the regular wages that the employee would have received during the period of absence from work and any payment received by the employee in connection with the appearance in court. It will be the responsibility of the employee to inform the Supervisor immediately when he or she receives a summons to serve as a juror or as a witness.

1 0.06 In the event of the death of a member of the employee's family, a seniority employee will be granted paid leave of absence in accordance with the following:

(a) Up to five (5) days in the event of the death of the employee's spouse or child.

(b) Up to three (3) days in the event of the death of the employee's parent (including legal guardian), brother, sister, grandparent, grandchild, brother-in-law, sister-in-law, father-in-law or mother-in-law.

(c) Up to one (1) day in the event of the death of the employee's aunt, uncle, niece or nephew.

(d) The word "spouse" in this Article includes common law relationships. The equivalent relatives of a common law spouse are covered by sections (a), (b) and (c). All equivalent "step" relationships are also included in the above definitions.

(e) During bereavement leave, employees shall be paid their regular rate of pay for the corresponding consecutive scheduled working days (or hours) as provided for above.

(f) The Company reserves the right to require satisfactory evidence concerning bereavement leave requests.

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(g) The Company, may, upon request, approve additional, unpaid bereavement leave in unusual or extreme circumstances. Employees may ask to schedule vacation time in conjunction with the bereavement leave and such request will not be unreasonably denied.

1 0.07 Parental Leave and Pregnancy Leave

Parental Leave and Pregnancy Leave will be provided in accordance with the Employment Standards Act as amended from time to time. An employee whose spouse or partner delivers a child shall be granted a leave of absence with pay for one (1) day to attend the birth of the child if the birth occurs on a day that the employee was scheduled to work.

10.08 Election Leave

Each employee who is qualified to vote shall, while the polls are open on Election Day, have three (3) consecutive hours to vote. If the employees scheduled work hours do not allow for three (3) consecutive hours to vote before or after work, the employee will be granted such additional time as will be necessary to permit those three (3) consecutive hours at the time of day which best suits the convenience of the Company.

1 0.09 Education Leave

(a) When requested to do so, employees shall provide written confirmation of their attendance at training sessions.

(b) Upon submission of satisfactory proof of payment, employees will be reimbursed at a rate of one hundred percent (1 00%) for the following educational expenses after the successful completion of a course/program that is relevant to work in the bargaining unit: tuition and/or registration fees; textbooks; manuals or other required course material and the fees associated with writing an examination. An employee must obtain approval in writing from the Human Resource Coordinator or designate prior to commencing the course. Such requests will not be unreasonably denied.

(c) All time spent in Company required training shall be paid at the appropriate rate. This includes but is not limited to the orientation and training of probationary employees, health and safety training, etc.

ARTICLE 11 - SENIORITY

11.01 (a) Employees hired for regular positions (i.e. other then temporary) shall serve a probationary period of eight hundred (800) hours worked. Upon completion of the probationary period, an employee shall have his seniority backdated to the most recent date of hire. The dismissal of a

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probationary employee is solely within the discretion of the Company and shall not be the subject of a grievance or arbitration.

(b) Under no circumstance will an employee be required to serve a second probationary period.

This Article shall apply to all provisions of the Collective Agreement affected by seniority.

11.02 Seniority shall mean the length of continuous employment in the bargaining unit with the Company including service prior to certification of the Union. If two or more employees commence employment on the same date, each employee shall be placed on the seniority list in alphabetical order based on the surnames of the employees at the date of hire.

11.03 Workers shall continue to accrue seniority if they are absent from work because of sickness, disability, accident, lay-off or other approved leave under this Collective Agreement.

11.04 In January and July of each year, a copy of the seniority list will be emailed to the Union and posted on the J drive or another site to which all employees have access.

11.05 An employee shall, lose his/her seniority and will be deemed to have terminated his/her employment in for any of the following reasons:

(a) if he/she quits;

(b) if he/she retires;

(c) if he/she is discharged and such discharge is not reversed through the grievance and arbitration procedure;

(d) if he is laid off and fails to return to work within seven (7) calendar days after he/she has been notified of recall by telephone or by registered mail to the last address reported to the Company;

(e) if he/she obtains a leave of absence by deceiving the Company or if ·he/she overstays a leave of absence without reasonable cause;

(f) if he absents himself for more than three (3) consecutive scheduled working days without notifying the Company or without providing a reason acceptable to the Company; in the event an unexpected accident or illness prevents the employee from advising the Company immediately, he must do so as soon as possible and must supply a medical certificate satisfactory to the Company where so requested;

(g) if the employee has been laid off for a period of twelve (12) months.

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(h) if the employee's long-term disability benefits are terminated and the employee does not return to work, subject to any protected grounds under the Human Rights Code. The Company will consider a qualified physician's opinion submitted by the employee within one (1) month of the termination of long term disability concerning his/her prospects for return to work prior to applying this clause. In the event the termination is overturned through the appeal process the employee will be reinstated with their prior seniority date.

ARTICLE 12- VACANCIES. JOB POSTING, PROMOTIONS AND TRANSFERS

12.01 When the Company intends to fill a vacancy in a new or existing classification, it shall post a job posting of such vacancy on all Union bulletin boards. The job posting shall remain posted for ten (1 0) calendar days. The job posting shall include a description of the position and the required qualifications. Any employee seeking to fill the position must apply during the posting period. Any employee who is absent at the time that a posting occurs and who has made a request in writing prior to such absence shall be considered for job postings occurring during the period of such absence. It is understood and agreed that there shall be no "standing" notice and that a fresh notice must be given in advance of each leave granted. An employee cannot transfer between positions more than once per calendar year.

12.02 In filling vacancies, the Company will consider the following;

(a) skills, qualifications and ability; (b) seniority.

In cases where two or more applicants are relatively equal with respect to the factors identified in (a), the Company will select the senior employee.

12.03 The successful applicant for a job vacancy will be placed in the new position for a trial period of eight (8) weeks. If the employee or the Company determines that the employee is not suitable for the position, the employee shall be returned to his/her previously held position without loss of seniority. Any employee hired or promoted into the position to which this employee is returned will be returned to his/her former position, if any, without loss of seniority. The Company shall not exercise its rights unreasonably. The Company and the Union may mutually agree to extend the trial period.

12.04 No employee shall be transferred to a position outside the bargaining unit without his/her consent. If an employee is transferred to a position outside the bargaining unit, he/she shall retain his/her seniority accumulated up to the date of leaving the bargaining unit. The employee shall have up to six (6) months from the date he/she is promoted to return to his/her bargaining unit position.

12.05 No employee shall be transferred in excess of five (5) consecutive days to another position within the bargaining unit without his/her consent. The Company

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agrees that this clause will not be abused to transfer employees. If a consenting employee is transferred to another position, he/she shall have the right to return to his/her former position within sixty (60) calendar days and any other employee affected by the transfer shall be returned to his/her former position.

ARTICLE 13 - LAYOFF AND RECALL

13.01 In the event of layoff, the following procedure will be followed:

Probationary employees will be laid off first then, Full time employees in reverse order of their seniority within the classification of where the layoff occurs.

13.02 Employees shall have bumping rights in accordance with their seniority. Bumping is defined as follows;

(a) When a senior employee is laid off, he/she shall have the option to bump the junior employee in the same wage classification;

(b) If there is no junior employee within the same wage classification, then the employee will have the option of bumping the junior employee in the closest but lower paid wage classification;

(c) This process shall continue until the last employee has no junior employee to bump.

Exercise of these bumping rights is subject to the retained employees having the qualifications and ability to perform the normal requirements of the position into which they elect to bump. The employee will be provided with up to ten (1 0) shifts to familiarize themselves with the work in the positions into which they have bumped.

13.03 The Employer shall notify employees who are to be laid off for more than a temporary period (i.e. more than 13 weeks out of any 20 week period) on the following basis:

(a) Three (3) months to one year of service- one (1) week.

(b) One ( 1) to three (3) years of service -two (2) weeks.

(c) Three (3) years of service or more- one (1) week per year of service to a maximum of eight (8) weeks.

The Employer agrees to continue to pay the cost of all benefits during this period.

The Company will provide at least one (1) week of notice of any lay-off which is anticipated to last for at least one (1) week.

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13.04 Employees shall be recalled in the order of their seniority when jobs become available provided they have the qualifications and ability to pertorm the required work. When recalling an employee from layoff, the Company shall first attempt to contact the employee by telephone. If the employee cannot be contacted by phone, the Company will send notice of recall by registered mail to the last address that the employee reported to the Company. If an employee is recalled and is not immediately available for work, another employee may be recalled and will be temporarily employed until the senior employee reports. An employee to whom a registered letter is sent in accordance with this Article will be deemed to have received the recall notice on the fifth (5th) working day after mailing and must contact the Company within two (2) working days of receiving the notice of recall. It shall be the employee's responsibility to keep the Company notified as to any change of his address and telephone number so that the Company records will be up-to-date at all times. The employees will be provided with up to ten (1 0) shifts to familiarize themselves with the work in the positions into which they are recalled.

13.05 No new employees shall be hired until all qualified, laid off employees have been given the opportunity of recall.

13.06 The Union shall be notified of all appointments, hiring, lay-offs, transfers, recalls and terminations on a monthly basis beginning with the end of the month in which this Collective Agreement was ratified by the Employees.

ARTICLE 14- WAGES AND CLASSIFICATIONS

14.01 Job classifications are set out in Schedule "A" to this Collective Agreement.

14.02 Should the Company create a new classification during the life of this Agreement, it shall negotiate rates of pay with the Union. Should the parties be unable to reach agreement, the Company will establish a temporary rate, taking into consideration the pay of the existing classifications, the nature of the work, responsibilities, etc., and the dispute may be the subject of a grievance.

14.03 The Company shall pay wages as set out in Schedule "A" which is attached hereto and forms part of this Collective Agreement. Each employee shall have access to an itemized statement of his/her wages, overtime and other supplementary pay and deductions which may be printed by the employee if he/she wishes.

14.04 An employee who is temporarily assigned to pertorm the core duties in a higher pay classification for four or more hours shall be paid the wage rate for that classification for the hours of work performed in that classification. An employee who is temporarily assigned in accordance with the terms of this collective agreement to a lower paying classification shall continue to be paid the wage rate of his/her regular job.

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ARTICLE 15- HOURS OF WORK AND OVERTIME

15.01 The normal work week for full time employees shall consist of eight (8) hour shifts or twelve (12) hour shifts. The Employer shall schedule these shifts based on the current practice for the duration of the Collective Agreement, it being understood that nothing herein shall constitute a guarantee of the hours of work per day or per week, or a guarantee of work.

15.02 The Company will distribute overtime opportunities to qualified employees within a department who normally perform the work required. Shift-extension overtime (i.e. after shift) will be offered by seniority on a voluntary basis to the employees on shift. If the Company cannot otherwise meet its overtime requirements, available employees who normally perform the required work shall be required to work in reverse order of seniority.

15.03 (i) The Company will create an annual schedule for Production and Packaging employees. The annual schedule will be generated in the first week in November in each year. Except for the following paragraph, the schedule for Production and Packaging employees will remain in effect for the balance of the calendar year.

(ii) Except in the event of absenteeism due to illness, accident or bereavement or in the event of a fire, flood or other circumstances beyond the control of the Employer, 'the Employer will not change the annual .schedule for Production and Packaging employees without at least 48 hours notice to the effected employee(s). It is understood that this 48 hour notice requirement does not apply to an employee in the support function and that the schedule of any employee in the support function may be changed with less than 48 hours notice.

(iii) If an employee's schedule is changed while the employee is off work, the Company will call the employee to advise of the change. It is the employee's responsibility to ensure that the Company has a current telephone number where it can contact the employee directly.

(iv) The annual schedule and any revised schedules will be available to the employees and the Chief Steward through the J drive or through other electronic means. Each employee is responsible to review the annual schedule and any revised schedules.

15.04 The Company will maintain its current practices concerning meal and rest breaks. Employees will be allowed up to five (5) minutes for clean up purposes at the end of his/her shift.

15.05 An employee who is called into work when he is absent from Company property and who reports to work shall be paid at the rate of time and one half (1 ~) the employee's regular rate for the greater of four (4) hours or the hours worked, provided that the call-in guarantee shall not apply to hours which fall within the employee's scheduled shift and

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the call-in pay and overtime pay shall cease at the start of the employee's scheduled shift. It is understood that employees who are called in are expected to stay and perform work for at least four (4) hours unless otherwise instructed by the Company. Only one call in guarantee shall be payable for work falling in the same four (4) hour period unless the employee completes the required work and leaves the site. Employees who are called in after 11 pm will have the option of subtracting the actual hours worked (based on swipe in/swipe out) during the call in from the employees starting time on the following day. If the next day is a scheduled day off, the employee will not be called in until after the amended start time. The Company agrees that it will not require employees who are called in to work more than 2 hours unless the work relates to the reason for the call in.

15.06 Employees shall not be required to work split shifts unless by mutual agreement. If the employee refuses to do a split shift, the Company may require qualified available employees to work overtime in reverse seniority order.

15.07 The Company will maintain its current practice concerning consecutive days off.

15.08 (a)

(b)

(c)

(d)

(e)

Employees working eight (8) hour shifts shall be entitled to one and one half (1 %) times the employees regular hourly rate for all hours worked in excess of forty (40) hours in a week.

Employees working twelve (12) hour shifts shall be entitled to one and one half (1 %) times the employees regular rate for all hours worked in excess of eighty (80) hours in a two (2) week pay period. If an employee works on a paid holiday, the premium paid for working on the holiday will not disqualify the employee from receiving overtime pay for hours worked in that pay period in excess of 80 unless the hours in excess of 80 are worked on the holiday.

An employee's shift shall be deemed to occur on the day that it starts.

The Company will pay employees for hours actually worked when the clocks are changed due to the switch to or from daylight savings time.

All hours paid for designated and floating holidays, vacation and paid sick days will be counted as hours worked in calculating overtime eligibility. The above shall only apply to paid holidays when an employee has a reduction in his or her regular work week due to a statutory holiday/s. The statutory holiday shall only be considered time worked for overtime purposes where an employee would not be eligible for overtime due to the loss of a regular shiftls because of a statutory holiday.

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ARTICLE 16- VACATIONS

16.01 In each calendar year, employees will be entitled to vacation and vacation pay in accordance with the following table:

Effective Date Vacation Entitlement Payout Percentage (hours)

On hire date Prorated share of 80 hours 4% based on hire date to end of current calendar year

Next January 1 after 80 4% hire date

Next January 1 after 3rd 120 6% anniversary of hire date

Next January 1 after gth anniversary of hire date 160 8%

Next January 1 after 20th Anniversary of hire date 200 10%

Next January 1 after 25th anniversary of hire date 240 12%

Vacation Pay will be calculated and paid based on the current Company Policy.

16.02 If an employee's third (3rd), (ninth (9th), twentieth (201h) or twenty- fifth (25th) anniversary falls during a calendar year, the employee shall be entitled to a pro rata share of the additional number of hours of vacation to which the employee will become entitled on the following January 1st (for example, an employee hired on July 1, 2013 will be entitled to 100 hours of vacation in 2016 and 120 hours of vacation in 2017)

16.03 (a)

(b)

(c)

By December 1, the vacation schedule will be posted in each department indicating the number of weeks each employee is eligible for and also the maximum number of employees eligible to be off at any one time.

Employees should signify their vacation time preference in writing to their Supervisor prior to December 15th in each year and these vacation requests shall be scheduled on the basis of departmental seniority.

Employees may signify their vacation preference in writing on a first come, first serve basis to their Supervisor from December 16th to the end of the year.

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(i) Employees may request vacation, cancel vacation or re-schedule vacation by advising their Supervisor in writing no less than three (3) weeks before the start of the period of vacation in question. For example, a request to schedule, cancel or reschedule a vacation starting on October 27 must be filed on or before October 6.

(ii) Management will respond to such request within seven (7) calendar days.

(iii) Once any vacation time has been approved, the Employer will not change that employee's scheduled last day to work and the first scheduled day to return to work, providing two (2) days of vacation is scheduled in that pay week.

(d) Employees may book all vacation entitlement when canvassed but may only book two (2) weeks during prime time July 1st and August 31st. If any additional weeks are available during prime time after canvassing has been completed then those additional weeks will be made available by seniority.

(e) Employees with one (1) or more years of service must take a minimum of two (2) weeks of vacation. Employees with five or more years of service must take a minimum of three (3) weeks of vacation in each year. The Company will schedule all vacation entitlement remaining after October 151h in any year unless the employee advises the Company of their desire not to take the remainder of their entitlement. Employees who elect not to take more than 2 or 3 required weeks of vacations, will be paid the estimate of the remaining vacation in December. Final amount paid in January.

(f) A copy of the vacation schedule will remain posted throughout the vacation year.

16.04 An employee shall not be permitted to accumulate his/her vacation from one calendar year to another.

16.05 In cases of bereavement or personal emergency, as defined by the Company's Emergency Leave policy, an employee may request vacation on short notice and such request shall not be unreasonable denied.

16.06 On the death of an employee, any earned but unpaid vacation pay will be paid to the employee's estate.

16.07 Vacation pay is earned by service during the calendar year. Employees will be advanced vacation pay for the calendar year in which they are hired as indicated in the table in 16.01. When an employees employment terminates, his or her final pay will be adjusted to reflect his/her earned vacation. The vacation pay adjustment will be calculated by multiplying the employee's total vacationable

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earnings as defined above for the calendar year by the vacation payout percentage identified in Article 16.01 and deducting the amount of vacation pay paid to the employee in that calendar year. Any earned but unpaid vacation pay will be paid with the final pay. If the employee has received more vacation than he/she has earned, the overpayment shall be deducted from the final pay.

16.08 Where an employee qualifies for bereavement or any other approved leave or where it can be medically certified that an illness or accident occurred while on vacation, sick or other appropriate leave will be substituted and the vacation rescheduled at a mutually agreed upon future date.

16.09 Employees who are absent due to sickness or injury on the employee's scheduled work day prior to or immediately following a period of vacation may be required to provide a medical certificate confirming the reasons for absence.

16.1 0 Part time or temporary employees shall receive vacation and vacation pay in accordance with the Employment Standards Act.

ARTICLE 17- PAID HOLIDAYS AND FLOATERS

17.01 Qualified employees will be entitled to holiday pay for the following holidays:

New Year's Day Family Day Good Friday Victoria Day Canada Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

In addition to the above designated holidays, each seniority employee will be entitled to one (1) floating holiday with pay in each calendar year after the year in which he/she is hired. In the first year of employment, an employee will be entitled to one (1) floating holiday with pay in that calendar year if he or she completes probation. Starting in 2011, each seniority employee will be entitled to two (2) floating holidays with pay in each calendar year after the year in which he or she is hired. In 2011 and thereafter, a new employee will be entitled to two (2) floating holidays with pay during the first year of employment if he/she completes the probationary period prior to July 1st or to one ( 1) floating holiday with pay if he or she completes probation after July 1st. Floating holidays will be scheduled by mutual agreement between the employee and the manager/coordinator. The Company will accept reasonable requests to schedule floating holidays. Floating holidays must be used during the calendar year and may not be carried forward from one calendar year to the next. If a floating holiday cannot be scheduled during the calendar year, the Company will pay holiday pay on the second pay day of the following calendar year. Unused floating holidays will not be paid out upon termination of employment.

The employee must work his or her full shift on his or her last scheduled work day preceding the holiday, and his or her first scheduled work day following the

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holiday to be eligible for holiday pay unless absent due to reasonable cause as defined by the Employment Standards Act. Employees who are scheduled to work on the holiday or any day designated as the holiday who do not report for work or fail to work their shift shall not be entitled to holiday pay unless the absence is due to an illness that is confirmed by a medical certificate.

17.02 Employees required to work on a paid holiday shall receive one and one half times (11/2X) their regular, straight time hourly rate for all work performed on the holiday. An employee is "scheduled to work on a holiday" if his/her shift starts on the holiday or the day designated by the Company as the holiday. In addition, at the employee's option, the employee will either receive holiday pay for the paid holiday or take a paid day off (8 hours pay) in lieu of receiving holiday pay. All such lieu days must be scheduled not more than four (4) months after the holiday by agreement between the employee and the Company. Lieu days not scheduled within four (4) months after the holiday will be paid. A request to take a lieu day may be made before or after the paid holiday giving rise to the lieu day but the employee must work the paid holiday before taking the lieu day. If an employee requests a lieu day before the paid holiday and fails to work the holiday, the employee forfeits both holiday pay and the lieu day. A request to schedule a lieu day must be made in writing at least two (2) weeks in advance. Approval will not be unreasonably denied. An employee must work his/her normal, full shift on a paid holiday in order to be eligible for a lieu day.

An employee may break a floater into 2 equal parts and take a half shift off on 2 separate days.

17.03 (a) When an employees scheduled vacation coincides with a paid statutory holiday or another day established by statue or decreed by the Company for its observance, such vacation day shall be taken on a day mutually agreeable to the Company and the employee, which date shall not be later than December 1st.

(b) For production employees, holidays will be observed on the day that the holiday falls. For employees in support roles, if a fixed holiday falls on a Saturday or Sunday and another day is established by statue or decreed by the Company for its observance, it shall be deemed to be the holiday for the purpose of this Agreement. When a fixed holiday falls on an employee's regular day off, the employee will be paid holiday pay for the day.

17.04 Schedules shall not be changed to avoid payment of time and one half on a holiday.

17.05 Holiday pay for all designated holidays shall equal eight (8) hours pay at the employee's regular (non-overtime) rate for all employees. Holiday pay for floating holidays for employees working twelve (12) hour shifts shall be 12 hours at the employees regular (non-overtime) rate.

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ARTICLE 18- HEALTH AND WELFARE

18.01 (a) Seniority employees will be entitled to three (3) days of paid sick leave per calendar year in the event that they are unable to work due to personal illness or injury. Absences must be reported by the employee to his/her immediate team leader, manager or coordinator prior to the start of any shift that will be missed. Where reasonably possible, such notice must be provided at least four (4) hours prior to the scheduled commencement of the shift. Employees who begin their regularly scheduled shift but who leave work due to a non work related illness will be paid sick leave for the balance of their scheduled shift to the extent that they have sick leave hours available. Sick leave may not be accumulated or carried over from one calendar year to the next. Unused sick leave will be paid out at the end of the year based on an employee's normal work day (i.e. up to 24 hours for employees normally working 8 hour shifts and up to 36 hours for employees normally working 12 hour shifts).

(b) If the Company has reasonable grounds to question the validity of an employee's absence, the Company may request the employee to furnish a medical certificate stating the reason for the absence, the duration thereof, the dates upon which the physician examined the employee and confirming that the employee was unable to work during the period of absence and is fit to return, with or without restrictions.

(c) An employee who is absent due to illness or injury must notify their manager, supervisor or coordinator at least eight (8) hours prior to the time that he expects to return to work.

18.02 (a) The Company agrees to pay one hundred percent (1 00%) of the premium cost of the current benefit plan for seniority employees. The content of the plan is described in the benefit booklet issued by the Standard Life Assurance Company with an effective date of January 1, 2005 except that the Short Term Disability benefit will be at seventy five percent (75%) of regular earnings ($1000.00 weekly maximum). The terms and conditions of the plan shall be governed by the master contract between the Company and the insurance carrier. The Company will be entitled to change carriers, at any time, provided the change in carriers does not result in any reduction of benefits to employees. While the Company will exercise its best efforts to assist employees with the processing of claims, the Company is not the insurer or guarantor of the benefits provided under this Agreement. Any dispute relating to a claim is to be resolved by the employee and the Insurance Company and, therefore, is not a grievable matter.

(b) The Company's group drug benefit plan will only cover the cost of generic prescription drugs (when such an option is available) unless the prescribing Doctor requires that a brand name medication be provided for medical reasons.

25

(c) Vision care coverage will be increased to two hundred and fifty dollars ($250} every 24 months.

(d) Chiropractor- increase from $20 to $25 -maximum 25 occurrences per year

(e) Physiotherapy- increase maximum from $500 per year to $550

18.03 United Food and Commercial Workers Trusteed Dental Fund (Ontario)

(a) Effective January 1, 2008.

(b) The Employer agrees to contribute thirty-two cents (.32¢) per hour to the U.F.C.W. Trusteed Dental Fund (Ontario) ("Dental Fund") for all hours paid to bargaining unit employees. Hours paid shall not include Weekly Indemnity payments. Effective the date of ratification in 2010, the Company will not pay dental contributions on behalf of new employees until the employee completes his probationary period. The Company will increase its contribution to $0.51 as of September 4, 201 0, $0.56 effective September 4, 2011 and $0.59 effective September 4, 2012.

(c) The Employer agrees to sign the "Participation Agreement" as prepared by the Trustees of the Fund and supply or sign any other documents, forms, reports, or information required by the Trustees of the Dental Fund, and shall forward all contributions together with a list of the employees and the number of hours worked by each employee in each reporting period within fifteen (15) days of the end of the close of the Employer's four (4) or five (5) week accounting period.

18.04 Group RRSP

Effective September 4, 2013, the Company agrees to provide the Company's Group Registered Retirement Savings Plan for employees who have successfully completed the probationary period. For each calendar year, the Company agrees to contribute to the plan an amount equal to 1 percent (1%) of each seniority employee's regular earnings (i.e. pay for hours worked at the regular rate of pay) plus vacation pay and pay for statutory holiday hours worked. Employees may contribute up to the maximum amount permissible by the Income Tax Act. The Company agrees to match a seniority employee's contribution to this plan up to an additional two percent (2%) of the employee's regular earnings plus vacation pay and pay for statutory holidays worked. The Company's 1 percent (1 %) contribution will continue during pregnancy and parental leaves and during approved STD and WSIB claims.

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18.05 United Food and Commercial Workers Education and Training Fund

The Employer agrees to contribute four hundred dollars ($400.00) to the training fund to be paid in December of each year.

ARTICLE 19 -GENERAL

19.01 The Company will provide four (4) bulletin boards for bargaining unit notices relating to the Union's legitimate business. These bulletin boards will be in the lunchroom and in the maintenance and in the packaging areas. Notices must be approved by the Company prior to posting. Approval will not be unreasonably denied.

19.02 Adequate rest rooms shall be provided and kept heated and ventilated and in a sanitary condition. The employees shall cooperate with the Employer in keeping the rest rooms in a clean and sanitary condition.

19.03 The Company will pay the reasonable cost charged by the employee's physician if the Company requires a medical certificate.

19.04 All correspondence arising out of or incidental to this Agreement shall pass between the Human Resources Coordinator on behalf of the Company and the Union Representative of the Union, unless otherwise specified.

19.05 Payroll errors caused by the Company which are greater than eight (8) hours will be processed within forty-eight (48) hours of receipt of the required information by the Human Resources Co-ordinator. Any payroll errors of eight hours or less will be corrected on the next pay day.

19.06 If an employee is required to use their personal vehicle on the Employer's business they will be paid mileage at a rate of forty-five (45) cents per kilometer.

19.07 Employees will be paid by bi-weekly and in arrears.

19.08 UFCW Charity Fund (Leukemia) - Effective January 1. 2019

The Employer shall deduct from the weekly earnings of each employee, upon written authorization from each employee, _cents (_¢) per week and shall, together with a detailed list of the names, Social Insurance Number and amount deducted, remit same by cheques payable to the UFCW Charity Fund before the fifteenth (15th) day of the following month.

Receipt for the total amount deducted per employee in the calendar year will be provided by the Union on or before February 28th of each year, or noted by the Employer on the employee's T 4 slip.

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19.09 Meeting Rooms (re. Negotiations}

The Employer shall pay the cost of the meeting rooms for all negotiations, including conciliation and mediation.

19.10 Cost of Printing Collective Agreement

The Union shall pay the costs of the printing of the Collective Agreement.

ARTICLE 20- DURATION

20.01 This Collective Agreement shall remain in force and effect from September 4, 2018 until September 3, 2023, and until all provisions of the Ontario Labour Relations Act have been expended.

20.02 Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen (15} days of such notice being received unless agreed otherwise.

~ Dated this J.Q_ day of ~w , 2018 at ~h.rt~1to." , Ontario.

FOR THE UNION: FOR THE COMPANY:

~~ n ·,.....,._,; ,\ N~\. -......--·

~1'---tJ l ' ~ Q'' ~~/ -~fLr~

j.~-~~:;/7 _-·' ~f/ p/ ·/ ::f'· •>:1> .. ,~--;/ A?~./ (

/' ···-·· ' .· " ~ "· '· // ,A '~"c'>>:_.(.c./j/·.

28

SCHEDULE "A"

Classification Date Start Probation 1 Year Production Sept. 4, 2018 25.09 27.14 29.22

Sept. 4, 2019 25.59 27.69 29.80 Sept. 4, 2020 26.11 28.24 30.40 Sept. 4, 2021 26.76 28.94 31.16 Sept. 4, 2022 27.43 29.67 31.94

Packaging/Shipping Sept. 4, 2018 20.62 21.19 22.07 Sept. 4, 2019 21.04 21.61 22.51 Sept. 4, 2020 21.46 22.04 22.96 Sept. 4, 2021 21.99 22.59 23.54 Sept. 4, 2022 22.54 23.16 24.13

Waste Water Sept. 4, 2018 23.63 26.29 29.22 Sept. 4, 2019 24.11 26.81 29.81 Sept. 4, 2020 24.59 27.35 30.40 Sept. 4, 2021 25.20 28.03 31.16 Sept. 4, 2022 25.83 28.73 31.94

Stores/Inventory Handler Sept. 4, 2018 20.62 21.19 22.07 Sept. 4, 2019 21.04 21.61 22.51 Sept. 4, 2020 21.46 22.04 22.96 Sept. 4, 2021 21.99 22.59 23.54 Sept. 4, 2022 22.54 23.16 24.13

QA Lab/Spores Sept. 4, 2018 22.06 23.63 26.33 Sept. 4, 2019 22.50 24.11 26.85

I

Sept. 4, 2020 22.95 24.59 27.39 Sept. 4, 2021 23.52 25.20 28.07

I Sept. 4, 2022 24.12 25.83 28.78 Housekeeping Assistant Sept. 4, 2018 20.62 21.19 22.07

I Sept. 4, 2019 21.04 21.61 22.51 Sept. 4, 2020 21.46 22.04 22.96

I Sept. 4, 2021 21.99 22.59 23.54 I

Sept. 4, 2022 22.54 23.16 24.13 Millwright (Licensed) Sept. 4, 2018 32.87 33.27 33.58

Sept. 4, 2019 33.53 33.94 34.25 Sept. 4, 2020 34.20 34.62 34.93

I Sept. 4, 2021 35.06 35.48 35.80 Sept. 4, 2022 35.93 36.37 36.70

Millwright (Unlicensed)* Sept. 4, 2018 30.79 Nov 19, 2018 33.58 Sept. 4, 2019 34.25 Sept. 4, 2020 34.93 Sept. 4, 2021 35.80 Sept. 4, 2022 36.70

~ - ~ ~-

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Electrician Sept. 4, 2018 32.87 33.27 33.58 Sept. 4, 2019 33.53 33.94 34.25 Sept. 4, 2020 34.20 34.62 34.93 Sept. 4, 2021 35.06 35.48 35.80 Sept. 4, 2022 35.93 36.37 36.70

General Labourer Sept. 4, 2018 20.62 21.19 22.07 Sept. 4, 2019 21.04 21.61 22.51 Sept. 4, 2020 21.46 22.04 22.96 Sept. 4, 2021 21.99 22.59 23.54 Sept. 4, 2022 22.54 23.16 24.13

* The current unlicensed millwright will not be replaced.

Tool Allowance- Millwrights and Electricians with seniority will receive reimbursement for up to $400.00 per year for the purchase of tools required for the performance of their work upon submission of satisfactory receipts and expense report.

Cell phones - The Company shall compensate maintenance employees who are required to carry a cell phone while on call at the rate of one (1) straight-time hour's pay per on-call shift. For clarity purposes, in order to qualify for payment, employees must be available for work when called in.

Bonus- The Company will pay a retention bonus to employees who are employed on the date of ratification in the amount of $2,000. The bonus will be paid on the following payday after ratification. Retention bonus is subject to the provisions as in Article 18.04 if the employee requests to have these funds deposited into the Group RRSP plan.

30

~~;..

__ ...-~-

LETTER OF UNDERSTANDING

Between JUNGBUNZLAUER CANADA INC.

(the "Company")

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (the "Union")

RE: INTERNAL PROMOTION PROCESS

During 2018 collective bargaining the Company and the Union discussed internal

promotions. The Company confirms that it supports and encourages the internal

promotion of qualified candidates.

J(-SIGNED BY THE COMPANY AND THE UNION ON THIS 10 DAY OF i:Ee- , 2018

For the Union For the Company

lib \-----cT T

l >.,I -- " _, l v k~ ~~ 'k "-·0 .,J.\1\\J'"'--'

_,.....~·

/ ~:../ _,./ / ·/,

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•'/ (.) / ,f / / •'_,.~~ /' .¥

/S~2?~:·,_v/. ·:~;i/,y;;•;;~~9~)

31



(the "Company")

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

(the "Union")

RE. PAY EQUITY

The Company believes it is paying equitably. To confirm, the Company will initiate a pay

equity review within 90 days of ratification to ensure it is in compliance with the Pay

Equity Act. The Company will advise the Union of the results of the review. The Union

will cooperate with the Company during the review process and concerning

maintenance of pay equity thereafter.

:t\. SIGNED BY THE COMPANY AND THE UNION ON THIS )0 DAY OF i)e.c , 2018


!Jb '\.- t " l.'

\~\ . 1I .~~ .. .l.AJ\ \.Av'

a~c~ite'-

32



(the "Company")

-and-


(the "Union")

RE. MAINTENANCE CALL IN

The Company agrees to not schedule maintenance employees to be on call more than

1 in every 3 weeks unless the employee indicates his willingness (in writing) to be on

call more frequently provided that the Company can change maintenance on call

coverage to 1 electrician and one millwright to cover the entire facility (i.e. both glucose

and citric). Additional coverage can be arranged through a contractor where bargaining

unit members are not available. Familiarization with the entire facility will be provided

prior to the Company implementing the changed coverage. There will be no cross over

by maintenance employees between the glucose and citric plants during regular shifts

or overtime (excluding call ins) during the term of this agreement.

SIGNED BY THE COMPANY AND THE UNION ON THIS /t.Jl· DAY OF L:As<-- , 2018


.. A~,)- a'

. \\ ~ ,-~) --.J),_(\)v\.i'-'/~

-( .· .'" /.//// i. //;:;).v,/(.'L ~-···

/ / : > / 1 '• - / / ,.:-(; '' ,.:,/< . •. ' . . /.· -'v /;ccft .~~'·· · ' ~

{)u_~. (Cvt_-J;J.e~Lz~~ j

33



(the ~<Company") -and-


(the "Union")

RE. PACKAGING AND SHIPPING DEPARTMENTS

Effective January 1, 2019, Packaging and Shipping will be considered to be 2 separate

departments for all purposes under the Collective Agreement. Up to 2 employees

working in shipping as of December 1, 2018 will be given an opportunity to transfer to

the Packaging Department. If more than 2 employees request a transfer to Packaging,

selection will be based on seniority. No employee in the Packaging Department will be

displaced as a result of the transfer of employees from shipping. The employees will be

transferred as soon as suitable trained replacements are in place.

Packaging employees will be scheduled from 7 to 7. Equipment will continue to operate

so employees may be required to stagger their lunches. Employees who are paid for

lunch cannot leave the site during the lunch period.

SIGNED BY THE COMPANY AND THE UNION ON THIS /()f. DAY OF _[Rc , 2018


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(the "Company")

-and-


(the "Union") RE. APPRENTICESHIP PROGRAM

During collective bargaining, the Company and the Union discussed the possibility of establishing an apprenticeship program for skilled trades (electricians and millwrights). The Company and the Union agree as follows:

1. The Company will investigate regulatory requirements and potential costs. The investigation will be completed by June 30, 2019.

2. If the Company concludes that it should proceed with the apprenticeship program, the Company and the Union will meet to discuss the terms of an agreement concerning the apprenticeship program.

3. The Company agrees that current employees of the Company will be eligible to participate in the apprenticeship program if one is created. If there are more applicants than available opportunities, employees will be selected on the basis of skills, ability and qualifications. If skills, ability and qualifications are relatively equal, seniority shall govern.

SIGNED BY THE COMPANY AND THE UNION ON THIS /Qtt DAY OF DeG- , 2018


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COLLECTIVE AGREEMENT - Ontario Industrial... · Letter of Understanding-Apprenticeship Program...

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Transcript of COLLECTIVE AGREEMENT - Ontario Industrial... · Letter of Understanding-Apprenticeship Program...