COLLECTIVE AGREEMENT PETERBOROUGH PLANT 2014 - 2017 ... Fabrication... · COLLECTIVE AGREEMENT ....
Transcript of COLLECTIVE AGREEMENT PETERBOROUGH PLANT 2014 - 2017 ... Fabrication... · COLLECTIVE AGREEMENT ....
COLLECTIVE AGREEMENT PETERBOROUGH PLANT 2014 - 2017 BETWEEN GENPAK, a division of Great Pacific Enterprises LP, located at 25 Aylmer Street, Peterborough, Ontario, herein acting with respect only to its Plant located at Peterborough, Ontario, hereinafter referred to as the "Company." AND UNIFOR and its LOCAL 685 representing certain employees of the Company, hereinafter called the "UNION".
2 ARTICLE 1 PURPOSE 1.01 The general purpose of this agreement is to promote and
maintain the relations between the Company and the Union and to establish satisfactory working conditions, hours of work, wages and benefits for all employees who are subject to the provisions of this agreement.
The parties hereto recognize their mutual responsibility
for the successful operation of the Company and agree it is the duty of the Employer and the Employees to promote at all times the progress of the plant by co-operating to the fullest extent in all matters having to do with the successful operation of the Company.
1.02 Sanitation The products produced by the Company are primarily
used in the packaging of food products, as such we endeavor to minimize contamination wherever possible. The pursuit of this objective must be a prime concern of every employee.
New employees will be required to pass a medical
examination prior to the completion of their probationary period. Current employees may from time to time be required to submit to a medical examination. All employees must practice personal hygiene at all times and are expected to wash their hands regularly.
3 When exposed to contagious diseases an employee must
report to their supervisor at once as they unknowingly may be a carrier endangering fellow employees or causing contamination of food products containers.
1.03 Plant Housekeeping The maintaining of good housekeeping must be observed
at all times. The pursuit of this objective will serve to reduce potential hazards to the safety of the employees as well as contribute to the cleanliness of the plant in general. All employees are expected to contribute toward these ends. Any employee working in an area that is temporarily involved in a shutdown and not involved in the startup of that line are expected to participate in housekeeping of plant work areas.
1.04 Uniforms The wearing of Company uniforms by all employees is a
condition of employment. Employees will be given five (5) shirts and four (4) pairs of pants per year. General maintenance employees, machine building employees, laminators and printers will be supplied with shop coats or coveralls adequate for three changes per week. Laminator operators will be supplied with shop coats or coveralls adequate for four changes per week. Winter coats to be provided by the Company for employees in shipping. Commercial cleaning will be provided for shop coats or coveralls only, by the company for the following classifications; general maintenance, machine building, laminators and printers.
4 The Company shall provide and pay for 100% of the
purchase cost of the above uniforms. The company has the option to rent or buy uniforms.
ARTICLE 2 RECOGNITION 2.01 The Company agrees to recognize the Union as the
exclusive representative of all employees within the jurisdiction of the Union in the foregoing plant of the Company for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.
a) The employee's membership in the Union shall
not include any person with the rank of non-working foreman, guards and/or security service, or above, and office staff.
b) The parties to this agreement agree to abide by all
Provincial and Federal laws now in force and that may hereafter come into force during the term of this agreement.
c) The Union acknowledges that it is the exclusive
right and responsibility of the Company to operate and manage its business within the framework of the collective agreement.
5 ARTICLE 3 MANAGEMENT RIGHTS 3.01 The Union also recognizes that the Company has the right
to hire, promote, transfer, demote or lay-off employees and to suspend, discharge, or otherwise discipline employees for just cause subject to the right of any employee who has completed their probationary period to lodge a grievance in the manner and to the extent herein provided. Within the framework of this agreement it also further recognizes that the Company has the right, without restricting the generality of any of the foregoing, to determine the products to be manufactured, methods of manufacture, schedules of production, kinds of machines and tools to be used, process of manufacturing, and the engineering and designing of its products.
ARTICLE 4 UNION MEMBERSHIP 4.01 a) All employees will, as a condition of employment,
be members of the Union and maintain a paid-up membership.
b) All new employees will join the Union within the
first calendar month of their employment. 4.02 The Company agrees to deduct union dues in accordance with the Constitution and By-laws of the National and Local Union.
6 ARTICLE 5 UNION REPRESENTATION 5.01 The union will submit to the company in writing a list of
local stewards and union officers to include names and positions held. Such lists will be updated by the union and be submitted to the management of the company within five (5) working days of a change.
Stewards and Officers of the Local Union will be allowed
reasonable time off from their regular work to investigate and process grievances.
The stewards and officers will advise their supervisor
prior to such investigation or meeting and will not absent themselves from their work area without the permission of their supervisor. Such permission will not be unreasonably withheld. They will not lose pay for this time off. The Company will not pay steward and officers of the Union for time off work that is spent on arbitration cases.
5.02 For the purpose of this agreement not less than any two
and not more than three of the president, vice-president, chief steward, and shop steward will constitute the grievance committee who will meet with the Company over interpretation of the agreement or matters which affect the relationship between the Company and the Union. Such meetings will normally be held during working hours. A grievor may attend if they so wish. In the event that the meeting cannot be held during working hours the Company agrees to pay wages at the employees regular rate.
7 5.03 The company agrees to pay into a special fund and
amount of $1700 per year for a Unifor Paid Education Leave (PEL) program. Such payment will be remitted on a yearly basis into a trust fund established by the Unifor National Union effective from the date of ratification.
Unifor Paid Education Leave Program 205 Placer Court Toronto, ON M2H 3H9 The Company shall approve Education Leave for the
members of a bargaining unit at the request of the Union. Candidates for PEL shall be selected by the Union to attend. The Union will provide written confirmation to the Employer of such selection. Employees on PEL leave of absence will continue to accrue seniority and service.
ARTICLE 6 SUPERVISORS AND NON MEMBERS OF THE BARGAINING UNIT 6.01 No supervisor or anyone not included in the bargaining
unit shall perform any work or operation regularly performed by workers or operators except under the following conditions:
a) In production emergencies when bargaining unit
employees who are qualified to perform the work are not available.
b) In the instruction or training of employees. c) When engaged in work of experimental or
developmental nature. No bargaining unit employee will be displaced as a result of (a), (b), or (c) and bargaining unit employees will be present on the job(s) in circumstances involving (b) and (c).
8 ARTICLE 7 CONTRACTING OUT 7.01 The Company will not contract out repair and
maintenance work which is regularly performed by repair and maintenance crews, for which the plant is equipped, for which crews are available and which employees are qualified to perform.
ARTICLE 8 INTERRUPTION OF WORK 8.01 There shall be no lock-out, strike, or walk-outs during the
life of this agreement as defined in the Labour Relations Act of Ontario.
9 ARTICLE 9 SENIORITY 9.01 "Seniority", for the purpose of the agreement, shall mean
continuous service with the Company. An employee will be considered to be on probation until they have worked for the Company sixty (60) calendar days from the date of hire. Upon completion of the probationary period, service will be back dated to the original date of hire.
The Company will endeavor wherever possible to provide
a probationary employee with one week's notice prior to lay-off. It is understood that probationary employees shall not have the right to grieve their discharge.
It is the responsibility of the employee to notify the
company personnel department within seven (7) calendar days of a change of address or change of telephone number.
9.02 Employees shall lose seniority status and their
employment shall come to an end in the following circumstances:
a) If the employee voluntarily quits. b) If the employee is discharged for just cause and
such employee is not reinstated. c) If an employee who is recalled to work after a lay-
off fails to notify the Company within five (5) working days after notice of recall has been sent by registered mail to the last known address of the employee on the files in the personnel department, except in the case of an employee recalled for casual work or for employment of short duration at a time when they are employed elsewhere, in which case refusal of recall itself will not result in loss of recall rights.
10 d) In the event of a lay-off for a period in excess of
the period of employment, or in the event of a lay-off in excess of twelve (12) months; whichever is less.
9.03 An employee transferred by the Company to a position
outside the Bargaining Unit shall maintain the seniority they had at the time of transfer for a period of up to ninety (90) days for the purpose of transferring back into the bargaining unit at their original permanent position, provided they have paid Union dues for the ninety (90) days they have been outside the Bargaining Unit.
9.04 Where two (2) or more employees have the same
seniority date, their names will be placed on the seniority list in order of processing by the Industrial Relations Department at the day of hiring. The employee at the head of the list on their date of hire shall be deemed to possess the highest seniority of employees hired on that date.
9.05 An up-to-date seniority list will be posted quarterly at a
central location. Copies of the list will be made available to the Union.
11 9.06 a) Lay-Offs Where it becomes necessary to reduce the workforce,
employees with seniority within the affected area (Job Classification), will be laid off in reverse order of seniority providing that the Company has the right to maintain at all times employees who are qualified to perform the job required. Probationary employees shall be laid off first. Weekend employees will be laid off before weekday employees.
9.06 b) Recall Seniority employees will be recalled from lay off or
displacement in order of seniority in the following sequential order:
a) First, to their own job from which they have been
displaced or laid-off. b) Second, to a job they have previously held
through job posting. c) Third, to any job in categories 1 through 4
inclusive they are capable of performing. 9.07 Bumping 1) Any employee who is being laid off out of seniority or
affected by lay-off will be given the opportunity to: a) Bump the most junior employee on a job
previously held through a job posting by the affected person.
12 b) Bump the most junior employee on a job that the
affected person can do without training, but with a minimum of familiarization.
When production warrants it, the employees must return
to the former job. 2) Where an employee has one (1) year or more seniority is
first unable to be placed under 9.07 (1) a), such employee may exercise their seniority rights by bumping the most junior employee in the plant on a job they are capable of performing after completing a trial and training period of up to a maximum of 30 working days.
The maximum number of employees training or on trial
in any classification will not exceed one (1) person per shift at any time. When production warrants it, the employee must return to their former job.
3) Except as specifically provided for within article 9.07 it is
understood that under any lay-off/bumping procedure the employee cannot select the job or shift.
4) An employee will not be allowed to bump into or train for
a job he/she had previously occupied or trained for and was unable to perform satisfactorily.
13 9.08 JOB POSTING a) When a permanent vacancy occurs in any category
the Company will post on the bulletin board in the plant, a notice indicating the title of the vacant job, the department in which the vacancy occurs and the qualifications essential to be selected for the vacancy. Such postings shall be posted for a period of five (5) consecutive working days to enable interested employees to apply for such posted jobs. In the event of a statutory holiday one day will be added.
In selecting an employee for a job posting, the
Company shall take into consideration seniority and qualifications to perform the job satisfactorily. Qualifications shall mean such factors relating to job performance as physical fitness, skill and ability, licenses (where required).
b) It is agreed however that in selecting an employee
for a job posting, no consideration will be given to any experience an employee may have gained through a temporary posting or transfer.
14 c) An employee may apply for and be successfully
confirmed on a new job posting only twice in any twelve (12) month period excluding temporary postings.
d) Any successful applicant will be given a
combined training and trial period not to exceed sixty (60) days at work. After successful completion seniority rights for that job classification shall be transferred.
e) In special cases, where job difficulty may warrant
it, the company and union may mutually agree to an extension.
f) All successful applicants on job postings will be
notified within two (2) working days after the job posting is completed.
g) All successful applicants shall have the right to
return to their former job provided they do so within sixty (60) calendar days and the vacancy may be filled by the next most senior applicant on the original posting provided they meet the qualification requirements outlined in 9.08 (A).
h) The union committee will be given a copy of all
job postings and the final results of such postings.
15 9.09 Temporary vacancies a) In the case of a temporary vacancy occurring for a
period of 31 calendar days or less, the Company may make a temporary appointment/transfer by offering the position first to the senior qualified employee within the department on the shift.
b) In the case of a temporary vacancy created by
employees on weekly indemnity, workers' compensation or leaves of absence in excess of 31 calendar days but less than 12 months the most senior qualified employee will be offered the opportunity to accept the original vacant position provided it does not interfere with the efficient operation of the plant. Subsequent openings which occur will be filled by the Company.
c) In the case of a temporary vacancy created by
employees on weekly indemnity or worker's compensation for a period in excess of 12 months, the Company shall make a temporary posting using the same procedure outlined in 9.08 (A).
d) Employees on temporary appointments transfers
or postings will be returned to their previous classifications when such temporary vacancy terminates.
16 9.10 APPLICATION FOR TRANSFER OR RETURNING
TO WORK RELATED TO HEALTH REASONS a) A regular employee returning to work after an
occupational injury or illness (compensation), or from weekly sick benefit (including an accident outside the Company), who has completed his/her benefit coverage of either the maximum of fifty-two (52) weeks, or is ready to return to work but is permanently restricted from performing in his/her regular job classification which he/she holds pursuant to article 9.08, must produce medical documentation satisfactory to the Company clearly certifying his/her medical restrictions and his/her physical inability to perform his/her job, will be entitled to exercise his/her seniority rights to permanently displace a more junior employee.
b) This permanent bump procedure will be exercised
subject to the displacement procedure in article 9. If the disabled employee within one year provides medical documentation satisfactory to the Company, clearly certifying his/her ability to perform his/her original job he/she will be returned to that job provided he/she has the seniority. The disabled employee shall be required to submit to a physical examination for the purpose of determining his/her condition whenever such examination shall be required by the Company.
17 c) This procedure does not in any way limit the right
of the Company to place disabled employees on the short term modified work program.
d) For purposes of 9.10 only, an employee on
permanent disability is defined as one who is unable to perform his/her regular occupation because of a medical restriction. In order for an employee to qualify for this permanent displacement procedure he/she must undergo a medical assessment at an approved medical institution at Company expense to determine the extent of his/her impairment.
e) An employee performing the job of the employee
who is absent in excess of 12 months due to an occupational injury, industrial illness, personal illness or accident outside the plant, will do so on a temporary transfer basis pursuant to 9.09 (C).
f) A regular employee returning to work under this
article whose former job classification has been discontinued will be entitled to exercise his/her seniority rights pursuant to article 9.
18 ARTICLE 10 GRIEVANCE PROCEDURE 10.01 Preamble The company and the union agree that an employee with
a complaint shall first discuss the nature of the complaint with the employee's supervisor and the supervisor shall have an opportunity to assess and/or rectify the concern. If the employee feels that the complaint has not been resolved then the employee may take the complaint to step one of the grievance procedure provided herein.
Step I Any employee who has a complaint or grievance may,
providing it is done with reasonable promptness, discuss the matter with their supervisor in an attempt to arrive at a satisfactory settlement.
Such complaint or grievance must be submitted within
seven (7) working days of the incident or cause that gave rise to such complaint or grievance. A union steward must be present at discussions or meetings concerning a formal grievance.
The Company shall provide an answer within two (2)
working days of receiving such grievance or complaint.
19 10.02 Step II If no satisfactory settlement is reached in Step I above,
the complaint or grievance shall be reduced to writing, in triplicate, and signed by the employee, the shop steward, the president of the Union, and the supervisor, both copies of which shall be presented by the steward to the appropriate manager.
Such written grievance must be submitted to the manager
within four (4) working days of receipt of the decisions in Step I and a written decision will be provided by the Company within four (4) working days on receipt of the grievance.
10.03 Step III If no satisfactory settlement is reached in Step II above,
the matter shall be placed before an executive of the Company and a National Officer of the Union within ten (10) working days of the written Step II decision. The company shall render its written decision at Step III within a further five (5) working days.
10.04 In cases of discharge, or suspension the grievance shall
commence at the second stage of the Grievance Procedure.
10.05 Saturdays, Sundays, and holidays are excluded in
computing the time limits specified in this article.
20 10.06 Time limits outlined in this article may be extended by
mutual written agreement of the parties. 10.07 Company Grievance Should the Company have a grievance with regard to the
Union violating this agreement it will submit such grievance to the Union and it will be taken up by the parties in the same manner as a written grievance commencing at Step III. If the grievance is not settled to the satisfaction of either party, it may be referred to arbitration.
ARTICLE II ARBITRATION PROCEDURE 11.01 If a grievance remains unsettled following any of the
procedures set forth in Article 10, it may be submitted to arbitration providing that the party calling for the arbitration notifies the other party in writing to that effect not more than thirty (30) working days after the date of decision rendered at Step III of the grievance procedure.
11.02 Intent to arbitrate shall be given in writing. The selection
of an arbitrator shall be mutually agreed to by both parties. Should the parties fail to select a single arbitrator within ten (10) working days, either party may request the Provincial Minister of Labour to make the appropriate appointment.
21 11.03 The arbitrator shall not have the right to alter or change
any provision in this Agreement, or substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. The arbitrator however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance, then before the arbitrator.
11.04 The decision of the arbitrator shall be final and binding
on both parties. 11.05 It is agreed that each party shall pay one-half of the
expense of the arbitrator. 11.06 Time limits outlined in this article may be extended by
mutual written agreement of the parties. ARTICLE 12 ABSENTEEISM AND DISCIPLINARY PROCEDURE 12.01 An employee will not be formally disciplined without the
presence of a Union Officer. The Company retains the right to discipline employees for just cause.
22 12.02 It is understood that an employee's record will be cleared
of all offenses and breach of mill rules where an employee has a clear record for a period of twelve (12) months.
12.03 A written record of the action to be taken will be prepared
by the Supervisor and copies will be given to the individual affected and the Union.
12.04 Absenteeism a) The responsibility for being at work at the
designated time, rest with the individual and if circumstances are such that an employee cannot report to work, then it is their responsibility to contact their Supervisor or the Supervisor on duty, by the use of such devices and procedural requirements as stipulated by the Company. Employees on the evening and night shifts must notify the shift supervisor on duty of their inability to report for work one (1) hour prior to the start of their shift.
Employees working the day shift shall notify the
supervisor as soon as possible prior to the commencement of the shift. In the event of non-compliance the employee shall be disciplined by management as follows:
23 1. First case - verbal warning 2. Second case - written warning 3. Third case - up to three (3) days
suspension. 4. Fourth case - from three (3) days
suspension to discharge. No employee shall be disciplined for absenteeism
if there is a bona fide reason for the absence. A clear record between steps for a period of
twelve (12) months will clear the employee's record of all offences.
b) In the case of absenteeism the notification
of the Supervisor shall be presumed to cover that day as defined in clause 13.01 unless otherwise specified by the employee.
c) An employee absent from work is required
to inform the Supervisor of their return to work at least four (4) hours before the commencement of their regular shift.
12.05 A supervisor may suspend an employee for the remainder
of this shift in cases where the employee's continued presence is likely to create a danger to the safety of other employees and themselves.
24 12.06 The Union recognizes that the Company has the right to
discipline an employee under this article. It is maintained that if an employee is to be disciplined, the appropriate action must be taken within five (5) working days after the offence or after the employee returns to work, if they have been absent.
ARTICLE 13 HOURS OF WORK 13.01 Definition of Day and Work Day A day is the twenty-four (24) hour period beginning with
the start of the employee's shift. The workday for weekday workers is eight (8) consecutive hours of work in the twenty-four (24) hour period. The workday for weekend workers is twelve (12) hours of work in the twenty-four (24) hour period.
13.02 Definition of Work Week The normal workweek for weekday workers is made up
of five (5) days, Monday through Friday. The normal workweek for weekend workers spans over
three (3) days, commencing Friday evening at 11 P.M. and ending Sunday evening at 11 P.M.
25 13.03 Hours of Work - Shift Employees The hours of work per week for all weekday shift
employees covered by this agreement shall be forty (40) as follows:
1st shift - 7:00AM to 3:00PM Monday to Friday inclusive, five (5) shifts 2nd shift - 3:00 PM to 11:00 PM Monday to Friday inclusive, five (5) shifts 3rd shift - 11:00 PM to 7:00 AM Monday to Friday inclusive, five (5) shifts When two shifts are scheduled to cover twenty-four (24) hours, the shifts shall be 7:00 AM to 7:00 PM and 7:00 PM to 7:00 AM. The overtime shall be 3:00 PM to 7:00 PM on the first shift and 7:00 PM to 11:00 PM on the second shift. When adding a third shift to the rotation, the employee coming into the opening would go to the third shift for up to one rotation cycle (one to two weeks) before rotating all employees on the shift.
26 13.04 Hours of Work – Weekday Day Employees & Night Employees The hours of work per week for all weekday employees
and weekday night employees covered by this agreement shall be forty (40) as follows:
Day Shift 7:00 AM to 11:00 AM 11:30 AM to 3:30 PM Night Shift 3:30 PM to 7:30 PM 8:00 PM to 12:00 AM Shipping & Receiving 7:00 AM to 12:00 PM 12:30 PM to 3:30 PM
When weekday employees are operating on a two (2) shift system, the employees involved will, subject to mutual agreement between the Company and the Union, be given the option of working a ten (10) hour shift on the 2nd shift.
27 13.05 Hours of Work – Weekend Employees
The hours of work per week for weekend employees shall be up to twenty-four (24) as follows: 1st Shift 11:00 PM – 11:00 AM 2nd Shift 11:00 AM – 11:00 PM
13.06 The hours of work as specified in 13.03, 13.04, and 13.05
may be changed, including the possible implementation of a seven day work schedule, by mutual agreement between the Company and the Union.
13.07 Lunch Periods A twenty (20) minute paid lunch period will be provided
on each of the shifts specified in 13.03. 13.08 Rest Periods A paid rest period of ten (10) minutes will be allowed
during each half shift for shift employees and during each half day for day employees and night employees. Employees required to work at least two (2) hours overtime after their regular shift will be allowed a ten (10) minute break providing that the machinery continues in operation.
28 13.09 This article does not provide and shall not be construed as
a guarantee of the hours of work in a day or week or a guarantee of days of work or otherwise, nor as a guarantee of working schedules.
13.10 On a limited or temporary basis for legitimate reasons
only, any two (2) persons in the same classification may be allowed to switch their shift providing they submit a written request to their supervisors and the supervisor authorizes said request. Such authorization shall not be unreasonably withheld.
ARTICLE 14 OVERTIME 14.01 Definition of Regular Straight Time Hourly Rate The regular straight time hourly rate means an employee's
straight time hourly rate as depicted in wage rate schedule. For the purpose of calculating overtime the employee's regular wage rate shall be used excluding the shift premium. The shift premium shall be added after the overtime rate has been calculated.
29 14.02 Overtime Premium Pay For weekday employees, any time worked in excess of
eight (8) hours in any one day, or Saturdays, shall be paid at the rate of time and one-half. Double time shall be paid for all time worked consecutively in excess of twelve (12) hours, and for all hours worked on Sunday and Statutory Holidays.
14.03 Rest Period Employees working overtime will be granted rest and
lunch periods as provided in Article 13. 14.04 Overtime Distribution
a) Overtime will be distributed on the basis of job title classification, seniority and shift concerned within the department. The Company will attempt to distribute overtime equally as possible within each shift grouping by establishing a list of names in order of seniority for each classification on each shift. Overtime will be allocated where possible by contacting the people in rotation on the list. Where there are not enough people available from the shift concerned, those on the alternate shifts whose names are next in rotation will be asked, using seniority as a means of determining who will be first. All employees, as a condition of employment, are expected to cooperate in meeting the overtime work requirements of the Company.
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b) Weekend employees will not supplement weekday employees for regular scheduled shifts or overtime hours until regular overtime procedures have been met. Weekend employees covering a weekday shift would remain classified as a weekend employee.
c) All overtime shall be on a voluntary basis. 14.05 A list will be posted quarter -annually showing the hours
of overtime worked by each employee plant wide. A list will be posted in each department showing the
hours of overtime worked by each employee. A list of all departments will be supplied to the Union monthly.
14.06 Sunday Shifts On the weekend that the shift changes, the Sunday shift
belongs to the shift that would normally be on that shift Monday.
14.07 Meal Allowances Employees that are required to work two (2) hours or
more beyond the end of their regular day or shift and have not been notified of the required overtime during the previous day or shift will be provided with a $10.00 meal allowance by the company. Meal allowances are to be paid to the employee at the time the overtime is worked.
31 ARTICLE 15 WAGES 15.01 Shift Premium
Second shift premium shall be seventy (70) cents.
Third shift premium shall be seventy-five (75) cents. 15.02 PAY RATES - JOB POSTING When moving to a higher category under 9.08 (a), an
employee will remain at their existing pay rate for sixty (60) calendar days before receiving the new category rate, unless equivalent experience in the opinion of management was previously obtained in the new category. However, in the event that an employee decides of their own volition to move to a lower category the new rate will be applicable immediately. New hires will be paid according to the wage schedule beginning at the start rate.
15.03 PAY RATES - TEMPORARY TRANSFER a) When an employee is temporarily transferred at
the request of the Company such employee shall receive the rate for the job to which they are transferred or the rate for the employee's own job he/she is performing whichever is higher.
32 b) When an employee is temporarily transferred at
their own request such employee shall immediately receive the rate for the job to which they are transferred.
Any time worked on a temporary transfer under
(a) or (b), will not be taken into account for purposes of job rights or other entitlement(s).
15.04 PAY RATES - LAYOFF AND DISPLACEMENT When an employee exercises his rights or is affected by
the exercise of rights pursuant to lay-off and displacement, such employees shall be paid the rate for the job into which the employee bumps or is bumped on an immediate basis.
15.05 Adjustments If a new job is established, or an existing job is
significantly changed, during the life of this agreement, the Company shall meet with the Union to negotiate the rate for this job.
15.06 Call-In-Time An employee who has already left their job after the
completion of their regular shift, and is called for work, shall receive a minimum of five (5) hours of straight time pay.
33 15.07 Reporting Time a) Any employee reporting for work on the
scheduled shift or day, unless otherwise notified, shall receive no less than four (4) hours pay at their regular rate provided that the employee shall perform a minimum of four (4) hours work if required. Management will endeavor to notify employees by the end of the preceding shift or day.
b) Any employee who is unable to complete their
day's work because of injury sustained on the job, or an event outside of the companies control that causes a cessation of plant operations, shall be paid the remainder of the shift.
15.08 Wage Schedule The attached schedules of standard rates, which are
attached to, and form part of this Agreement, indicate the approved and accepted job classifications and rates of pay.
34 15.09 Service Rate Any employee being utilized to service equipment or
perform work off Company premises will be paid an additional two dollars and fifty cents ($2.50) per hour.
15.10 On The Job Training Premium An employee who trains another employee on the job
directed by the company will receive an additional sixty cents ($0.60) per hour for all hours worked during the training period.
Above premium will be eligible for the following
classifications: slitter, printer assistant, printer, laminator operator, plate technician, assistant shipper, shipper/receiver and janitor.
15.11 There shall be no pyramiding or compounding of
benefits, pay premiums or entitlement(s).
35 ARTICLE 16 PAID HOLIDAYS 16.01 The Company shall provide twelve (12) paid holidays. New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour day Thanksgiving Day Remembrance Day Christmas Day Boxing Day Plus an additional two (2) "floating holidays" to be
designated by mutual agreement around Christmas time. 16.02 The hours of shutdown for the above holidays may be
changed by mutual agreement between the parties. 16.03 Employees shall receive eight (8) hours pay at their
regular straight time rate for the holidays set forth above provided that the employee has worked on the last scheduled work shift prior to, and has worked on the next scheduled work shift following the holiday.
36 16.04 When a paid holiday falls on a Saturday the Friday
immediately before shall be observed as the holiday. When a paid holiday falls on a Sunday the Monday immediately following shall be observed as the holiday. Any holiday affected by this clause may be changed by mutual agreement between the Company and the Union.
16.05 An employee who is required to work on any of the
holidays listed in Clause 16.01 shall be paid at two times the rate for all hours so worked and in addition shall receive holiday pay.
16.06 If the holiday occurs during an employee's vacation, the
employee shall receive an additional day's vacation at a time that is mutually agreeable to the employee and the Company or a day's pay in lieu of the day's vacation.
16.07 An employee who is on weekly indemnity, bereavement,
jury duty or workers' compensation and is prevented from working on the shift immediately prior to the holiday or the shift immediately following the holiday will receive the difference (if any) between one day's earnings on the above and the employee's daily rate for a regularly scheduled eight (8) hour shift less deductions subject to clause 16.08. The intention is that an employee shall not be able to earn an amount of income when absent
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greater than that which he/she earned while actively at
work. An employee who is prevented by sickness from attending work on the shift immediately prior to the holiday(s) or on the shift immediately following the holiday(s) and is able to document by way of written notice from the attending Doctor, their absence was medically justifiable and where the employee is not receiving compensation for causes listed above, will receive holiday pay.
16.08 To receive payments under Clause 16.07, the employee
must have worked at least one regularly scheduled shift in the 30 calendar day period immediately preceding the holiday.
16.09 Employees who are prevented by lay-off from working
the shift immediately prior to the holiday or the shift immediately following the holiday will receive pay for that holiday occurring during the lay-off provided they have been at work at least one regularly scheduled shift in the 30 calendar day period immediately prior to that holiday.
38 ARTICLE 17 VACATION WITH PAY 17.01 Employees will be granted annual vacation with pay
during the calendar year in which they qualify as follows: 1) One (1) year's service - two (2) weeks. 2) Five (5) year's service - three (3) weeks. 3) Nine (9) year's service - four (4) weeks. 4) Twenty (20) year's service - five (5) weeks. 17.02 a) Vacation pay will be at the rate of 2% per week of
vacation of total earnings in the calendar year preceding the vacation year, with a minimum of 40 hours at the employee's regular rate, for each week of vacation earned subject to clause 17.06.
39 17.03 Employees with less than one full year of service as of
January 1, will be entitled to receive, during the vacation year, one day of vacation for each full month worked from date of hire to December 31, to a maximum of ten (10) working days. In addition, the employee will receive 4% of all earnings received during the preceding calendar year.
17.04 a) The Company policy is to make every effort for a two
week summer vacation period. b) Vacations will be scheduled yearly by issuing each
employee a vacation sheet on or before April 1st of each year. The employee will indicate his/her choice for vacation time on this sheet. Eligible employees will be given an opportunity to select a minimum of two weeks in the summer period from the beginning of July to the end of August. In the case of conflict preference will be granted in accordance with seniority subject to operating requirements. The Union recognizes the intent of article 17.04 (b) in these circumstances. A finalized employee vacation schedule will be posted by April 30th each year.
c) Because of the impact of lengthy vacations on plant
operations, employees with more than two week's vacation must arrange with management for a mutually satisfactory time, according to seniority, for vacation
40
entitlement in excess of two weeks. The Union
recognizes because of the nature of our business that it will be difficult if not impossible to permit additional vacation time during the period June 1st to August 31st. Only limited exceptions might be made for unusual circumstances, if in the opinion of management the Company will not suffer undue adverse effects.
d) It is understood that in order to ensure the orderly
operation of the Company, it will be necessary to retain certain shippers, maintenance and other crews as deemed necessary and mutually agreed to.
e) For vacations where no vacation shutdown is scheduled,
the Company will issue a vacation sheet for all employees on or before April 1st. The employee will indicate his/her choice for vacation time on this list. Such vacation time shall be by mutual agreement. If more than one (1) employee wants the same time off for vacation purposes, then preference will be granted in accordance with seniority subject to operating requirements. The Union recognizes the intent of 17.04 (B) in these circumstances. For each year the final employee schedule is to be posted by April 30th.
17.05 Vacation must be taken during the year in which they are
due and cannot be accumulated.
41 17.06 Service, for the purposes of this article, shall be actual
time worked with the Company. However, service will not be broken for vacation progression and previous vacation entitlement shall be retained where an employee is on pregnancy or parental leave under the Employment Standards Act, on workers compensation for up to 24 months or has actually worked 700 hours during the calendar year preceding the vacation year according to the following conditions provided the period of lay off or disability does not exceed the period of employment:
(1) on an approved leave of absence (2) On a weekly indemnity disability not to exceed 52
weeks (except the 700 hours worked shall not apply)
(3) On a lay off of not more than 12 months. The union recognizes the commitment to co-operate with
the Company in controlling excessive weekly indemnity costs.
42 ARTICLE 18 GROUP INSURANCE 18.01 The company shall make available the Health and
Welfare Plan described in “The Jim Pattison Group Health and Welfare Plan Employee Benefits Booklet for Weekday Employees of Genpak Peterborough”, reprinted January 1, 2010 or an equivalent plan. The drug plan will cover all drugs that are prescribed and/or administered by a doctor except those that are available across the counter at a local drug store. The Company will provide a drug card effective March 30, 2011.
18.02 An employee will be enrolled under the Health and
Welfare Plan after having fully completed two (2) calendar months of continuous employment with the Company.
18.03 The company shall pay 100% of the premiums associated
with the Health and Welfare Plan, except long-term disability insurance premiums, which are paid 100% by the employee.
43 18.04 Pensions The Company will provide a Pension Plan. Effective
January 1, 2011 all hourly employees will start earning benefits in the new Defined Contribution Pension Plan. Benefits earned for service before January 1, 2011 will remain in the current Defined Benefit Plan.
Defined Contribution Member Contribution -Optional: percentage of pay selected by employee Company Contribution – 3 types of contribution Basic Contribution – 3% of gross pay effective Jan. 1/13 - 3.5% effective March 30, 2014 - 4.0% effective March 30, 2015 - 4.5% effective March 30, 2016
Plus Matching Contribution: 0-5 years of service: Jan. 1, 2011 Jan. 1, 2012 Jan. 1, 2013 Jan. 1, 2014 Up tp 2% no change no change up to 2.5% Greater than 5 but less than 10 years of service: Jan. 1, 2011 Jan. 1, 2012 Jan. 1, 2013 Jan. 1, 2014 Up to 2.5% no change no change up to 3% Greater that 10 but less that 15 years of service: Jan. 1, 2011 Jan. 1, 2012 Jan. 1, 2013 Jan. 1, 2014 Up to 3% no change no change up to 3.5% Greater than 15 but less that 20 years of service: Jan. 1, 2011 Jan. 1, 2012 Jan. 1, 2013 Jan. 1, 2014 Up to 3.5% no change no change up to 4% Greater than 20 years service: Jan. 1, 2011 Jan. 1, 2012 Jan. 1, 2013 Jan. 1, 2014 Up to 4% no change no change up to 4.5% Plus Grandfather contribution: an additional 1% pay for
current member whose age plus service at January 1, 2011 is 70 or more. (Included in Basic Contribution)
44 All employees in the present defined benefit plan will be
given a chance to transfer the accumulated value to the new defined contribution plan.
An employee shall be able to, twice per year, change:
1. contribution rate to the plan 2. the savings investment option
An advisory committee will be established with equal parts hourly with equal parts salaried employees to review funds, voice concerns and ask questions on behalf of the members in addition have input on the set up and changes.
Eligibility:- All employees hired by the Company after May 31, 1985,
must become members of the Pension Plan subject to the plan eligibility.
ARTICLE 19 LEAVE OF ABSENCE 19.01 Leave of Absence Leave of Absence without pay may, at the discretion of
management, be granted without loss of seniority, provided that an application is made in writing. When an
employee is granted a leave of absence the employee will be given a letter of confirmation signed by the Plant Manager or his designate.
45 19.02 Compassionate Leave Compassionate leave with pay will be granted to an
employee losing time from regular work to attend the funeral of a deceased member of his immediate family, namely: wife, husband, son, or daughter, mother, father, five (5) working days will be granted; brother, sister, mother-in-law, father-in-law, grandchild, three (3) working days will be granted. Leave to be taken within seven (7) calendar days starting from the day of death.
In the event of the death of an employee's grandmother, grandfather, sister-in-law, or brother-in-law, the
employee shall be granted one day's leave with pay. In the event of the death of an employee’s spouse’s grandmother or grandfather the employee shall be granted one day’s leave with pay.
19.03 Leave for Jury Report or Duty or Subpoenaed Witness Duty The Company shall grant leave of absence without loss of
seniority to an employee who reports for Jury Duty or serves as a Juror or Subpoenaed Witness in any Court. Employees serving in any of the aforementioned categories must notify the Company at least 48 hours prior to their intended absence in order to qualify for compensation from the Company. The Company shall pay such employees the difference between their normal earnings for an eight (8) hour day and the payment they receive for jury report or service or subpoenaed witness service, excluding payment for traveling, meals or other expenses. The Employees will present proof of service and attendance and the amount of pay and expense received.
46 19.04 Pregnancy and Parental Leave
(a) Employees will be granted pregnancy leave according to the Employment Standards Act and may further request, by four (4) weeks notice in writing, two (2) additional months leave without pay or benefits.
(b) Employees will be granted parental leave according to
the Employment Standards Act. 19.05 Reservist Leave
An employee is entitled to a leave of absence without pay in accordance with the Employment Standards Act, 2000 if conscripted or if the employee is a reservist..
47 ARTICLE 20 WORKERS' COMPENSATION 20.01 In cases of delay exceeding two (2) weeks in obtaining
Workers' Compensation payment, the Company will, upon request, arrange to advance an amount not exceeding the Workers' Compensation payment due.
An employee receiving an advance from the Company
shall be responsible to repay the advance, when the payment is received from Workers' Compensation by the employee and the employee agrees to abide by the procedural requirements stipulated by the Company.
48 ARTICLE 21 SAFETY & HEALTH 21.01 The Union and the Company agree to co-operate to the
fullest extent in promoting safety in the plant, and the avoidance of accidents to the employees. The Company further agrees that there will be a Safety Committee of two (2) members elected by the Union and two (2) members from and by the Company. The safety committee will meet not less than every other month. If an emergency arises with regards to safety, a meeting will be held immediately. Recommendations of meetings will be posted within three (3) days after the meeting. Employees required to report for safety committee meetings outside their regular hours will be compensated for time spent at their regular rate of pay.
When the Safety Committee investigates an accident, one
of the Union appointed members of the Safety Committee will be in attendance. Copies of the Safety Committee report of the accident will be provided to all members of the Safety Committee.
21.02 The Company agrees to take all measures necessary
within the scope of the Occupational Health and Safety Act to provide a safe working environment for all the employees.
49 ARTICLE 22 PROTECTIVE DEVICES 22.01 a. Safety Shoes: The Company requires that all employees wear
safety shoes while in the plant. This is a condition of employment. The Company will pay up to $175.00 per year towards the purchase of safety shoes.
b. Protective Eye Wear: Employees working in areas that present a danger
to the eyes must wear eye protection. The Company will provide non-prescription safety glasses for employees working in these areas. The Company will pay for the cost of hardening lenses for those employees who require prescription glasses.
c. Trades Licenses The Company will pay the compulsory yearly fees
for Trades Licenses
50 c. Hair nets: Employees working in areas relating to the
production of food grade containers or products must wear hair nets and/or hats. Employees working near machinery with long hair must wear hair nets. Hair nets are provided by the Company.
d. Hearing Protective Devices: Hearing protective devices will be made available
to all employees. Employees working continuously in areas of high noise levels must, as a condition of employment, wear hearing protective devices at all times.
ARTICLE 23 PLANT RULES 23.01 Plant Rules It is further understood and agreed that the parties
signatory to this agreement will cooperate to enforce the Company's Plant Rules, a copy of which will be given to each employee.
51 ARTICLE 24 SEVERANCE ALLOWANCE 24.01 In the case of the termination of employment of any
employee as a result of a reduction or shutdown of operations, the Company shall comply with all its obligations under the Employment Standards Act.
ARTICLE 25
WEEKEND EMPLOYEES
The following provisions of this agreement do not apply to weekend employees: Article 9, Article 15.01, Articles 16 and 17 (provided that the Company shall comply with the Employment standards Act), article 18.04, Articles 19.02 – 19.03 and 19.05, Article 20.01. Weekend employees will be considered to be on probation until they have worked for the Company 336 (three hundred and thirty-six) hours from the date of hire. The Company will create a separate and distinct seniority list for weekend employees.
52 Weekend employees would be covered under the Health and Welfare Plan at a rate of 60% of covered expenses as stated in the “Jim Pattison Group Health and Welfare Plan Employee Benefits Booklet for Weekday Employees of Genpak Peterborough” dated March 30, 2005. Weekend employees would not be entitled to weekly indemnity, long term disability, accidental death and dismemberment and group travel accident or group life insurance. Weekend employees shall be provided with 2 shirts and 2 pair of pants per year. Weekend employees shall be provided with footwear allowance under 22.01 (a) at a rate of 60% of the current entitlement. Weekend employees shall be provided with non-prescription safety glasses. The company will not pay for the cost of hardening lenses for those employees who require prescription glasses.
53 ARTICLE 26 DURATION OF AGREEMENT 26.01 This agreement shall be effective from date of ratification
and shall remain in force until March 29th, 2017 inclusive and unless either party gives to the other party written notice of termination or of a desire to amend the agreement, then it shall continue in effect without change from year to year thereafter until terminated in the manner hereinafter provided. Renewal contract to be effective on the March 30th pay period of each year.
26.02 Notice that amendments are required or that either party
intends to terminate the agreement shall be given during the period not less than thirty (30) calendar days prior to the termination date, or subsequent anniversary date in the event of any subsequent yearly extension as provided above.
26.03 If notice of amendment or of termination is given by
either party, the other party agrees to meet within fifteen (15) calendar days after receipt of such notice for the purpose of negotiations.
54 In Witness Whereof each of the parties hereto has caused this agreement to be signed by its duly authorized representatives on __________ day of _________________, 2014. UNIFOR LOCAL 685 ____________________ __________________ ____________________ __________________ GENPAK LP ____________________ __________________ ____________________ __________________