COLLECTIVE LABOUR AGREEMENT - Ontario · collective bargaining agent for all employees of Sivaco...

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COLLECTIVE LABOUR

AGREEMENT

between

Ingersoll, Ontario

and

UNIFOR

and its LOCAL 2163

2015-2018

ALPHABETICAL INDEX

SIVACO ONTARIO, INGERSOLL, ONTARIO Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ 8

Hereinafter called "the Company" Banking of Overtime .......................................... 68 Bereavement Pay ............................................... 44 Bulletin Boards ................................................. 37

and Call-In Allowance .............................................. 40 Canada Savings Bonds ........................................ 55 Continuous Work Week ....................................... 66 Continuance of Pay (leave of absence) ...................... 63

UNIFOR Core Certification ............................................... 67 Cost of Living Allowance ..................................... 30

and its LOCAL 2163 Deduction of Union Dues .................................... .36 Dental Plan ....................................................... 34

Hereinafter called ·~e Union" Discharge or Suspension ...................................... 10 Discipline ... __ . __ . ___ ............................................. 42 Drug Plan ......................................................... 34 Duration .......................................................... 47

July 1, 2015- June 30, 2018 Eye Glasses & Contact Lenses ............................... .35 General .......................................................... .40 Grievance Procedure ............................................ 6 First Stage ........................................................ 6 Second Stage ..................................................... 7 Time Limits ...................................................... 7 Harassment ....................................................... 2 Health & Safety Training ...................................... 58 Health Care Coverage .......................................... 31 Heat Stress ....................................................... 39 Hiring Conditions ............................................... 49 Holidays .......................................................... 23 Hours of Work & Overtime .................................... 18 Job Posting ....................................................... 15 Jury Duty ......................................................... 45

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Leaves of Absence .............................................. 43 GENERAL INDEX Leaves of Absence .............................................. 64 Long Term Disability .......................................... 33 Management Functions ......................................... 2 Article 1 ........................................................... I Ministry of Labour Investigations ............................ 54 Article 2 ........................................................... 2 National Day ofMouming .................................... 57 Article 3 ........................................................... 2 No Discrimination ............................................... 1 Article 4 ........................................................... 4 Ontario Health Tax ............................................. 34 Article 5 ........................................................... 4 Overtime ......................................................... 18 Article 6 ........................................................... 6 Paid Education Leave ...... __ .................................. 59 Article 7 ........................................................... 8 Paid Educational Leave ....................................... .46 Article 8 .......................................................... 10 PayDay .......................................................... 39 Article 9 .......................................................... 10 Payroll Cheque Information ................................... 62 Article 10 ......................................................... 18 Pension Plan ..................................................... 51 Article II ......................................................... 23 Professional Organizations and/or Associations ............ 71 Article 12 ........................................................ .25 Recognition ... ................................................... . 1 Article 13 ......................................................... 29 Relationship ...................................................... 2 Article 14 ......................................................... 30 Representation ................................................... 4 Article 15 ........................................................ .31 Rest Periods ...................................................... 39 Article 16 ........................................................ .36 Safety & Health ................................................ .37 Article 17 ......................................................... 37 Seniority ......................................................... I 0 Article 18 ......................................................... 37 Shift Differential. ............................................... 3 7 Article 19 ......................................................... 39 Skilled Trades ................................................... 78 Article 20 ......................................................... 39 Strikes & Lockouts .............................................. .4 Article 21.. ...................................................... .40 Supply ofTools ................................................. 61 Article 22 ....................................................... ..46 Temporary Transfers .......................................... .41 Art~V ........................................................ ~ Training ......... ................................................. 56 Appendix "A" Wage Rates ................................... .48 Training Premium .............................................. .46 Appendix "B" Pension Plan ................................... 51 Transfers ......................................................... 65 Letter of Understanding 1 ...................................... 54 Vacations ... ................................................... ... 25 Letter of Understanding 2 ..................................... .55 Wage Payments ................................................ .40 Letter of Understanding 3 ...................................... 56 Wage Rates ..................................................... .48 Letter of Understanding 4 ...................................... 57 Wage Schedule .................................................. 29 Letter of Understanding 5 ...................................... 58 Weekly Indemnity ............................................. .32 Letter of Understanding 6 ...................................... 59

Letter of Understanding 7 .............................. ........ 61 Letter of Understanding 8 ...................................... 62 Letter of Understanding 9 ...................................... 63 Letter of Understanding 10 .................................... 64 Letter of Understanding II.. .................................. 65 Letter of Understanding 12 ... ................................. 66 Letter of Understanding 13 .................................... 67 Letter of Understanding 14 .................................... 68 Letter of Understanding 15 .................................... 71 Letter of Understanding 16 .................................... 72 Letter of Understanding 17 .................................... 76 Skilled Trades .................................................... 78

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COLLECTIVE AGREEMENT NEGOTIATIONS-2015 (SIV ACO/UNIFOR)

FINAL AGREEMENT 2015

ARTICLE I -RECOGNITION 1.01 The Company recognizes the Union as the sole collective bargaining agent for all employees of Sivaco Ontario at Ingersoll, Ontario save and except foremen, persons above the rank of foremen, office and sales staff.

1.02(a) Supervisory staff will not take the place nor do the jobs- of members of the bargaining unit. It is understood, however, that supervisory staff may instruct, inspect, and/or in the case of emergency take action necessary to avoid injury or loss of life, or loss to property, material or machinery.

(b) The Company will provide the Union with a list of all management personnel that the Union deals with and the Union will recognize the personnel according to the said list.

1.03 -NO DISCRIMINATION The Company and the Union agree that there shall be no discrimination, interference, restnct1on or coercion practiced with respect to any employee by reason of age, marital status, sex, race, creed, colour, national origin, religion, disability, sexual orientation, nor by reason of Union membership or Union activity.

1.04- HARASSMENT If an employee feels he/she is being harassed he/she should make his/her disapproval known to the harasser immediately. If the situation is not resolved it should be reported confidentially with specific details such as dates and times and names to the Human Resources Administrator and/or the Union designate. Regardless of whom it is reported to, when a unionized employee is involved, both the Human Resources Administrator (or designate) and the Union designate will be included in dealing with the complaint as per the Company's Workplace Harassment Policy developed by the Company and the Union. The Company agrees to provide the opportunity for all employees to take the half day AntiHarassment Course, the outline of which was presented to the Company by the Unifor on May 26, 2003. The Company agrees to complete this training within one year of ratification of this agreement.

ARTICLE 2- RELATIONSHIP 2.01 The Union agrees that there will not be any Union activities or business conducted on the premises of the Company except as permitted by this agreement or with the permission of the General Manager or his delegate.

ARTICLE 3- MANAGEMENT FUNCTIONS 3.01 The Union acknowledges and agrees that the Company shall continue to reserve all of the rights, power and authority to manage its plant and business and direct the working forces except as otherwise abridged or surrendered by the express provisions of this agreement. Without restricting the generality of the foregoing, the

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exercise of such rights by the company shall include, but not be limited to:

(a) Maintain order, discipline and efficiency;

(b) Hire, direct, discharge, classify, transfer, layoff, recall and suspend or otherwise discipline employees, except that a claim by an employee that he has been discharged or disciplined without reasonable cause or improperly classified, transferred, laid off or recalled may be the subject of a grievance and dealt with in accordance with the grievance procedure;

(c) The Company agrees to discuss with the Union any changes regarding rules, regulations and to provide a copy of all notices prior to posting;

(d) Determine the number of personnel required from time to time, the standards of performance of employees, the schedules of work, including the schedules of overtime work to be performed, schedules of vacation, the services to be performed, and methods, procedures, machinery and equipment in connection therewith, the engineering and designing of products, the control of materials and parts to be incorporated in the products to be produced, and the extension, limitation, curtailment or cessation of operations;

(e) The Company will provide one (I) land phone with local access for emergency situations, at a central location in the plant.

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3.02 The Company agrees that these functions will not be exercised in a manner inconsistent with the express provisions of this agreement.

ARTICLE 4- STRIKES AND LOCK-OUTS 4.01 During the term of this agreement, neither the Union nor its agents, the local officers or its representatives shall authorize, instigate, take part in, or condone, nor will any employee or employees take part in, any action against the Company such as a strike, slowdown, or interference with the orderly operation of the Company. Any violation of this provision by an employee or employees shall be cause for disciplinary action. The Company agrees that during the life of this agreement there shall be no lockout.

4.02 The Company agrees that in the event an employee is sent to another operation which has a posted picket line, the employee will not be subject to discipline for failure to cross such picket line.

ARTICLE 5- REPRESENTATION 5.01 The Company acknowledges the right of the Union to appoint or otherwise select a plant committee otherwise known as the Union Grievance Committee, which shall be composed of not more than three (3) employees, one of whom shall be designated as Chairperson. Each member of this committee shall have completed his probationary period with the Company during his time of office. The said Committee will cooperate with the Company in the administration of this Agreement.

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5.02(a) The names of the Chairperson and members of the Plant Committee from time to time selected shall be given to the Company in writing and the Company shall not be required to recognize such until it has been notified by the Union of the name of the same;

(b) The Chairperson shall be assigned to work the dayshift, or in his absence, a committ~;;:eperson shall be his designate. Health and Safety Representatives shall rotate shifts. A minimum of one (I) Health & Safety Representative shall be assigned to work the dayshift. All members of the JHSC shall be certified by the employer.

5.03 The Company agrees to inform all employees coming within the jurisdiction of this agreement of changes in supervisory staff as they occur and also the line of management. The Company agrees to post such information on the plant bulletin board.

5.04 The Union agrees that the Stewards and Officers have their regular duties to perform on behalf of the Company and that they will not leave their regular duties without first obtaining permission from their foreman. Such permission will not be unreasonably withheld.

5.05 The Company will pay one hundred percent (100%) of the time lost, by a committee man, when attending negotiations with the Company for the renewal of this agreement up to but not including any time spent at conciliation. The payment shall be based upon an eight (8) hour day (ie. maximum of eight [8] hours pay) and made at the employee's straight time hourly rate.

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ARTICLE 6- GRIEVANCE PROCEDURE

6.01(a) A grievance is defined as a difference which arises relating to the interpretation, application, administration, or alleged violation of the collective agreement;

(b) It is the mutual desire of the parties hereto that grievances of employees, who have acquired seniority, shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his foreman an opportunity to adjust the grievance. If an employee has a grievance, he shall discuss it with his foreman with the steward present, within seventy-two (72) hours after the circumstances giving rise to the grievance, and failing settlement it may then be taken up as a grievance within twenty-four (24) hours thereafter, on the following basis:

FIRST STAGE

An employee with a grievance may discuss the matter with his steward who may present the grievance in writing, signed by the employee, to the Production Foreman, setting forth the article of the Agreement which he alleges has been violated.

Failing settlement the Production Foreman shall give his decision in writing within twenty-four (24) hours following the presentation of the grievance to him.

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SECOND STAGE Failing settlement in the first stage as set forth above, within five (5) working days after the decision is given in the first stage, the grievance may be submitted in writing to the General Manager or his delegate. Within one (1) week of receipt of the grievance in this stage, a meeting will be arranged by the General Manager with the Union Grievance Committee. The General Manager or his delegate will give an answer in writing, to the Chairman of the Union Grievance Committee within five (5) days of the meeting.

6.02 At the second stage of the grievance procedure, either company representatives or a district representative of the Union who are not employees of the Company may be present at the request of either party.

6.03 TIME LIMITS Any grievance not processed within any of the time limits set out in the grievance or arbitration procedures shall be deemed to be settled or withdrawn. The time limits set out herein shall exclude weekends and holidays and shall apply only to regular work days.

6.04 The Company shall have the right to lodge a grievance with the Union relating to the conduct of the Union, or any Union representative or the conduct of the employees or concerning the application or interpretation of any provision of this agreement. The grievance shall first be presented in writing to the Union, and a meeting will be held within one (I) week between representatives of the Company and the Union, and the grievance shall be

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answered in writing by the Union within one (l) week of such meeting.

6.05 The Union shall have the right to lodge a grievance with the Company relating to any company policy concerning the application or interpretation of any provision of this agreement, provided that such grievance could not have been lodged by an individual employee under the normal procedures set out above.

The grievance shall first be presented in writing to the Company at the second stage of the grievance procedure and a meeting will be held within one (1) week between representatives of the Company and the Union, and the grievance shall be answered in writing by the Company within one ( 1) week of such meeting.

6.06 If final settlement of any grievance is not completed within fifteen (15) working days after the answer was given at the second stage, and if the grievance is one that concerns the interpretation, administration, or alleged violation of the Agreement, the grievance may be referred by either party to a board of arbitration as provided in Article 7 below.

ARTICLE 7- ARBITRATION 7.01 No matter shall be submitted to arbitration which has not been properly carried through the appropriate stages of the grievance procedure.

7.02 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or

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alleged violation of this Agreement, and which has not been settled through the grievance procedure, will be referred to an arbitrator at the request of either of the parties hereto.

7.03 Within fifteen (15) work days from the request for arbitration the parties shall attempt to agree upon an arbitrator. In the event they fail to agree, either party may request the Minister of Labour to make such appointment.

7.04 The decision of the arbitrator so appointed, shall be binding on both parties.

7.05 The· arbitrator shall not have any power to alter or change any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.

7.06 Each of the parties to this Agreement will jointly bear the expenses of the arbitrator.

7.07 No person shall be selected as an arbitrator who has been directly involved in an attempt to negotiate or settle the grievance.

7.08 The Company agrees that records of discipline which occurred twelve (12) months prior to the incident giving rise to the matter before a board of arbitration shall not be used.

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ARTICLE 8- DISCHARGE OR SUSPENSION

8.01 A claim by an employee who has completed his probationary period that he has been discharged or suspended without cause shall be treated as a grievance if a written statement of such grievance is lodged with the General Manager or his delegate within three (3) work days after the employee is discharged or suspended, and the first stage of the grievance procedure will be omitted in any such case. An employee who is discharged or suspended shall be given the opportunity to speak with the plant committee before he leaves the Company premises.

8.02 Such special grievance may be settled under the grievance and arbitration procedures by:

(a) Confirming the employee's dismissal or suspensions;

(b) Reinstating the employee with full compensation for the time lost; and

(c) By any other arrangements which are reasonable in the opinion of the conferring parties.

ARTICLE 9- SENIORITY

9.01 An employee will be on probation and shall not acquire seniority until he has completed three hundred and sixty (360) worked hours of continuous employment. Upon completion of such probationary period, his seniority

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shall be calculated from his last date of hiring by the Company.

9.02 Seniority lists will be maintained on a current basis and revised every three (3) months. A copy of the list will be posted on the plant bulletin board and a copy forwarded to the union. Seniority, as referred to in this agreement, shall mean service in the employ of the Company.

9.03 Members of the plant committee and safety committee chairperson shall be considered to have top seniority in the event of a layoff provided they are willing and capable of performing the work available.

9.04 When a reduction of the work force becomes necessary and employees must be laid off, the following will apply, except in emergency situations and/or in the case of machine or equipment breakdown.

9.04(l)(a) The Company will notifY the Union Chairperson two (2) work days prior to such a layoff, and give two (2) work days notice to the employee(s) affected.

(b) Thereafter, employees including probationary employees will be laid off in inverse order of seniority, or hiring provided that there are employees available with greater seniority, who have the skill and ability to learn the work which remains and is required. Employees so retained shall be paid the rate for the job they perform in accordance with Appendix "A" hereto.

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(2) The following procedure will apply in the event of a layoff or a discontinuance of a job. Affected employees will be given the opportunity of bumping into other position(s) held by an employee(s) with less seniority, provided that the senior employee has the skill and ability to learn the work. Employees will be given forty (40) hours training to familiarize themselves with the work required. Employees so bumped will also be given the opportunity to bump until no further bumps are possible. However, it is agreed that no bumping will take place between the maintenance trades and production employees or between the production employees and maintenance trade employees.

Sample Cutting: The function of sample cutting and tensile pulling will not be considered the exclusive duty of the Q.A. Technician, and may be assigned to any employee who is qualified and available. However, except in case of emergency, sample cutting and tensile pulling will be done by someone other than a Q.A. Technician in the following circumstances:

(i) if a Q.A. Technician is not on shift; (ii) if a Q.A. Technician is on shift but is busy performing other duties; (iii) if the sample cutting or tensile pulling is to be done on overtime and the Q.A. Technician on shift has refused such overtime.

For the purpose of this clause "'temporary" as applied to the discontinuance of a job shall mean a discontinuance lasting up to forty-five (45) days. "Permanent" as applied to the

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discontinuance of a job shall mean a discontinuance longer than forty-five ( 45) days.

(3) Further, notwithstanding 9.04(1) above, when it becomes necessary to temporarily shut down an operation for a short period not exceeding five ( 5) work days, the lowest seniority employee may be displaced and his work taken over by the employee from the job which is being shut down.

( 4) In the event that the plant should be relocated, the Company will offer the present employees, in order of seniority, the opportunity of filling vacancies at the new plant before hiring new employees.

(5) When recalling employees after layoff which has been made on the basis of seniority the reverse order of layoff will be followed. Recalled employees shall be paid the rate for the job to which they are recalled in accordance with Appendix ''A" hereto.

(6) When the job from which an employee has been transferred due to layoff is again vacant the employee shall be transferred back to his prior job.

9.05 Seniority shall be lost and employment terminated:

(a)(i) If an employee with six (6) months or less of employment is laid off for a period in excess of six (6) months.

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(ii) If an employee with more than six {6) months of employment is laid off for a period in excess of their accumulated seniority at the time of layoff to a maximum of thirty-six (36) months;

(b) If an employee leaves the employ of the Company;

(c) If an employee is discharged unless such discharge is reversed through the grievance procedure;

(d) If an employee overstays a leave of absence without permission and such permission shall not be unreasonably withheld;

(e) If an employee is absent for three (3) consecutive working days without a reasonable justification for such absence and without contacting the Company to secure leave of absence, he shall be deemed to have quit;

(f) If an employee on layoff fails to return to work within five (5) days from the delivery of a registered letter to his last recorded address with the Company or his receipt of a telephone call from the Company.

9.06 An employee shall accumulate seniority under any of the following conditions:

(a) While he is at work for the Company after he has completed his probationary period as set out in Section 9.01;

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(b) During any period when he is prevented from performing his work for the Company by reason of injury arising out of and in the course of his employment with the Company and for which he is receiving compensation under the provisions of the Worker's Compensation Act;

(c) In accordance with 9.06(a) above, during any absence due to illness or accident or written leave of absence or during any layoff.

9.07 In the event that an employee covered by this agreement should be promoted to a supervisory position beyond the scope of this agreement and is subsequently transferred back to the bargaining unit, within sixty (60) days worked from the date of transfer, he shall retain the seniority previously acquired. It is understood that if an employee is transferred back to the bargaining unit he shall, within ten (10) work days of such transfer and as a condition of continued employment pay to the local Union Treasurer the reinstatement fee prescribed by the National Constitution.

9.08 JOB POSTING ( 1) Except as otherwise modified herein, the Company agrees to post all non-entry level pennanent job vacancies which it intends to fill within forty-eight ( 48) hours of such vacancy (defined as a job to which no other employee has a prior claim) for a period offorty-eight (48) hours. Such posting shall identify the job title, rate of pay, and qualifications required for the job.

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(2) Employees wishing to be considered for such vacancy shall make application in writing to the Plant Manager within the posting period.

(3) At the end of the posting period the Company will review each of the applications.

(4) In reviewing applications from employees who meet the requirements of the Company, consideration will be given to the skill and ability of the employees to perform the work, and where as among two or more candidates that are relatively equal and meet the requirements of the Company, then seniority shall be the determining factor. Temporary transfer shall not be considered as experience for job posting qualifications.

(5) It is understood that an applicant to a job posting may not be awarded more than two (2) postings per year commencing from the date of the first successful application.

(6) All subsequent vacancies created by employees who obtain job postings shall be posted after the employees who have been awarded the postings are confirmed by the Company in their new positions. Until such time, the jobs may be filled by temporary transfers.

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(7) Except in the case of a regeneration operator, where an employee is awarded a job posting he shall retain his current rate of pay until no more than thirty (30) work days have passed, during which period the employee will be required to demonstrate that he will successfully complete all the requirements of the job. When the employee reaches this level he shall receive the job rate of pay for the posted job.

In the case of a Regeneration Operator, the above will be extended to sixty ( 60) work days.

If the employee performs the above mentioned job satisfactorily before the thirty (30) or sixty (60) days, pay will be awarded at such earlier period.

An employee who does not fulfill the requirements of the job shall be transferred back to his former job.

To refill the vacancy, the employer will offer the position to the next best qualified employee from the original applications.

(8) An employee will only have rights to overtime in his/her new posted job.

(9) Where a vacancy being filled results from either a new position being introduced or a discontinued position being refilled, the vacancy will be considered permanent and will be posted if it is required for more than 20 hours per week.

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ARTICLE 10- HOURS OF WORK AND OVERTIME

JO.OI(a) The normal hours of work will be eight (8) hours per day, Monday through Friday, commencing at 8:00a.m. for all departments. Q.A. commencing at 7:00a.m.

The above represents a normal work week of forty ( 40) hours. It is understood that this shall not constitute a guarantee of hours of work per day or days of work per week or for any period whatsoever;

(b) Where the Company considers it necessary to operate an afternoon and/or evening shift such shifts shall be scheduled as follows:

Afternoon: From 4:00 p.m. to 12:00 midnight, Monday through Friday. Q.A. 3:00p.m. to II :00 p.m.

Evening: From 12:00 midnight to 8:00 a.m., Sunday through Friday. Q.A. 11 :00 p.m. to 7:00 a.m.

Where two or more shifts are in operation, all employees involved will be required to take their tum on the other shift(s) for equal periods of time. The length of such periods shall be determined by agreement between the Union and the Company;

(c) Where the Company is working on a three shift operation, employees who work the shifts shall receive a twenty-minute paid break; (i) There will be a minimum of one hour and a half(l liz) between breaks.

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(d) Employees working on continuous operations will not leave their job until relieved. This period will not exceed fifteen {I 5) minutes and the employee will be compensated for fifteen (1 5) minutes at the overtime rate.

(e) In the event of adverse weather conditions, local radio announcements, at least one (1) hour in advance of the affected shift or individual notice shall constitute proper notice and not be subject to the "Reporting In Pay ''provision.

10.02- OVERTIME

(1) An overtime premium of time and one-half (1 Yl) the regular rate will be paid for all hours worked in excess of forty (40) hours worked in a week. Hours on pre approved leave, bereavement leave and paid holidays will be deemed to be hours worked for the purposes of calculating when overtime is payable. Time absent because of illness, lateness, leaving early or because of any other unapproved leave will not be deemed to be hours worked for the purposes of calculating overtime.

(2) An employee who works more thao two (2) hours of overtime before or after his regular shift shall be entitled to a meal allowance of:

$9.00

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(3) The Company and the Union agree that when an employee is asked to work overtime, he should give his answer as soon as possible. The objective of this is to give the Company an opportunity to plan its manpower requirements in a timely manner, and, in the event that the answer is no, to give other employees some reasonable time to respond when they are asked. An employee who works fourteen (14) continuous hours shall be entitled to a second lunch allowance.

Notwithstanding the above, if an employee is temporarily laid off during the normal work week, his hours of such temporary layoff which occurred during the normal hours of work will be credited toward hours of work in that week for the sole purpose of determining when the overtime premium commences.

( 4) Overtime shall be distributed in accordance with Article I 0.04 on the following basis:

1. Overtime will first be offered to the posted employees who normally perform the work required. If the overtime is declined, then

2. The overtime will be offered on a plant wide seniority basis.

3. Overtime records shall be posted and kept current in the foremen's offices with copies to the chairperson and his/her alternate on a weekly basis. (a) Such records will indicate hours worked and hours declined on the employees' posted jobs.

4, (a) Employees will be charged for aoy overtime that they would have been entitled to as if they

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had been working for the period of time they are off due to vacation, S&A, LTD, compensation, leave of absence, voluntary shift exchange or during a trial period for a new job. (b) Employees entering a new classification shall assume the highest amount of overtime hours in that classification.

(5) Weekend Overtime

The Company will determine and post one week and one day in advance, all job vacancies for required weekend work. Additions or cancellations to these requirements may be made at anytime to deal with emergencies or to ensure the efficiency of the operation.

Employees will then have until 8:30 AM Tuesday morning to submit in writing and deposit in the designated Jockbox, their application to be considered to fill the vacancies on their own/posted jobs. The Company will supply a form for this purpose.

At 8:30 AM Tuesday morning, the Company will collect all applications from the lockbox and create a weekend schedule indicating which employees are assigned to the job vacancies on their own/posted jobs. The same schedule will also indicate all vacancies that still exist to be filled. Employees will then have until 8:30 AM Wednesday morning to submit an application to fill those jobs. The

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process of collecting the applications and creating a schedule will be repeated.

The Company will endeavor to post the completed schedules by 2:00 PM of each day, so that the dayshift has an opportunity to review it before leaving for the day. Employees will be assigned jobs based on their preferences as indicated on their application and according to all agreements and articles of the collective labour agreement.

Overtime hours will be determined and recorded for the purposes of equalization according to all agreements and articles of the collective labour agreement. For the purpose of the overtime record, the absence of an application to work the weekend will be recorded as hours refused, had the employee been entitled to work.

10.03 It is agreed that the Company shall have the right to schedule or assign overtime work whenever necessary to meet emergencies or to ensure efficiency of its operations.

When overtime work is required the Company will make every reasonable effort to advise the affected employees at least two (2) hours prior to the end of their regular shift of work.

There will be no charge for overtime opportunity for employees who refuse overtime with less than two (2) hours notice of such overtime.

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10.04 The Company recognizes the principle of equal distribution of overtime among employees who regularly perform the work. Refusal to work overtime shall be considered as an assignment for record purposes. Any make-up requirements shall be in overtime assignments only at the next available opportunity.

10.05 When scheduled to work on Saturday or Sunday, the Furnace Operator and Q.A. Technician shall be paid a minimum of four (4) hours- at time and one-half (1-1/2) his regular rate. In those cases, the employee will not be asked to perform other jobs that have not been previously scheduled.

ARTICLE 11 -HOLIDAYS

ll.OI(a) An employee on the Company payroll when the following holidays occur shall be paid his straight time hourly rate times eight (8) hours plus C.O.L.A after he has worked for the Company a total of thirty (30) calendar days and provided that the employee works the full regular day before the holiday and the full regular day after the holiday.

Employees will be entitled to the following nine (9) paid Statutory Holidays:

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ll.Ol(b) The three (3) floating holidays shall be designated one (1) month in advance of the intended day(s) as agreed by the Company and the employee. Failing agreement, the Company will designate the floating holidays.

11.02 If an employee is requested by the Company to work on any of the foregoing holidays, he will be paid at one and one half ( 1 1;2) times his regular hourly rate for each hour worked plus his holiday pay.

11.03 The parties to this Agreement may mutually agree to change the day of celebration of any holiday which does not fall on either a Monday or a Friday. If such a day is mutually agreed, payment required under 11.01 and 11.02 will be applicable only to the day actually celebrated by the Company.

11.04 It is understood that if any of the above days, or the day, upon which they are celebrated by virtue of any

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agreement between the parties, fall within an employee's vacation, the employee shall be entitled to an additional day off work.

11.05 It is understood that if an employee is absent on either or both of the qualifying days for holiday pay (11.01 refers), the absence must be due to sickness or accident for which compensation is not payable, death in the immediate family, or jury duty. If holiday pay is claimed under this clause then evidence satisfactory to the Company must be produced.

ARTICLE 12- VACATIONS

12.01 An employee may choose to have his vacation pay paid in one of two methods:

1. All vacation pay entitlement to be paid by the 15th of July each year;

2. Vacation pay would be paid prior to the taking of each week's vacation. (Example: when an employee is scheduled for one (1) week's vacation, his one (1) week of vacation pay will be paid on the first payday prior to the taking of the vacation).

12.01(a) The vacation year-end shall be June 30th in any year;

(b) Employees with less than twelve (12) months of continuous service at the vacation year-end shall receive vacation time and vacation pay in accordance with the Employment Standards Act;

(c) Employees with more than twelve (12) months of continuous service at the vacation year-end shall receive two (2) weeks of vacation time and five percent (5%) of their gross earnings during the vacation year as vacation pay.

l2.02(a) Employees with more than three (3) years of continuous service shall receive three (3) weeks of vacation time and six percent (6%) of their gross earnings during the vacation year as vacation pay;

(b) Employees with more than eight (8) years of continuous service shall receive three (3) weeks of vacation time and eight percent (8%) of their gross earnings during the vacation year as vacation pay;

(c) Employees with more than ten (10) years of continuous services shall receive four (4) weeks of vacation time and eight percent (8%) of their gross earnings during the vacation year as vacation pay;

(d) Employees with more than twelve (12) years of continuous service shall receive four (4) weeks of vacation time and ten percent (10%) of their gross earnings during the vacation year as vacation pay;

(e) Employees with more than eighteen (18) years of continuous service shall receive five (5) weeks of vacation time and twelve percent (12%) of their gross earnings during the vacation year as vacation pay;

(f) Employees with more than twenty-four (24) years of continuous service shall receive five (5) weeks of vacation time and fourteen percent (14%) of their gross earnings during the vacation year as vacation pay;

(g) Employees with more than twenty-nine (29) years of continuous service shall receive six (6) weeks of vacation time and fourteen percent (14%) of their gross earnings during the vacation year as vacation pay.

12.03 The Company shall pay vacation pay to all employees who are absent on Worker's Compensation payments or on weekly indemnity provided they have received remuneration for one thousand (1,000) worked hours or more during the vacation year concerned. Such payments will consist of weeks of entitlement or percentage of earnings, whichever is greater.

12.04 In the event production work is scheduled during a plant shutdown the most senior employees regularly performing the work required will be asked whether or not they wish to work the schedule before less senior employees are assigned.

12.05(a) The Company may, at its discretion, close the plant for vacation purposes, such closing to take place between the first of July and the end of August. The

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Company will notify the Union not later than April pt of each year if it intends or does not intend to close the plant, and when it is to be closed, the duration of the closing will be stipulated. Those employees required to work during the shutdown period will have the right to select available vacation dates on the basis of seniority;

(b) During the vacation shutdown period should the Company require any position to be worked during shutdown, the employee(s) with the most seniority in said position will be given the option to work in said position during the shutdown. Should all employees refuse such option, the Company may then schedule those required to work by reverse seniority. All maintenance personnel are required to work a plant shutdown, if required.

12.06 Employees must make their choice between the 15" of April and the 30" day of April, failing to do so, the Company will designate all the employees' remaining vacation. The Company shall then post the vacation calendar within fourteen (14) days following the 30th of April. Employees must take their entitled vacation each year.

In addition employees will only be required to take entitled vacation on the basis of equivalent percentage of accrued vacation earnings.

For employees who fail to select vacation in accordance with article 12.06, vacation, once designated by the Company, cannot be rescheduled by the employee.

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12.07 When one (I) or more employee(s) working on the same job choose to take their vacation during the same period and could affect the continuity of operations the employee(s) with more seniority shall have preference.

12.08 Employees who wish to change their vacation request will make application as far in advance as possible but in no case less than one (I) calendar week in advance to the Personnel Department, and if this request can be accommodated it will be approved in accordance with the above on a first come first serve basis.

12.09 Ten (10) days of vacation may be taken in one(!) day incremerits, but full week requests will be granted first.

ARTICLE l3- WAGE SCHEDULE

13.01 Appended hereto and forming part of this agreement is Appendix "A" - Wage Schedule, which outlines the classifications of work and hourly rates.

13.02 It is understood and agreed that the Union may request the Company to identify the basis upon which a new rate and classification is reached. If the Union does not agree with the Company position, the matter may be referred to arbitration. If this is done it must be initiated within fifteen (15) days of the initial advice to the Union, and such a board shall be limited to determining the new rate and classification in relation to the rates and classifications in Appendix "'A" only.

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ARTICLE 14- COST OF LIVING ALLOWANCE

The cost of living allowance shall be frozen for the term of the Collective Agreement, until its legal expiry date.

14.01 In addition to the wage rates contained herein the Company will pay a cost-of-living allowance of one cent ( 1) for each rise of 0.06245 of a point in the Consumer Price Index (1992 + 100).

The base month shall be March 2000 index with the June 2000 index (published July 2000). Payment. if any, to commence from July 20, 2000. If the 201

h of the month falls on a Monday, Tuesday or Wednesday, the payment will commence of the Monday of the current week. If the 20th of the month falls on a Thursday or Friday, the payment will commence on the following Monday. The above process is repeated each quarter thereafter with payment, if any, commencing from the 20th of the month following the comparison, last payment, if any to be April 2009.

14.02 The C.O.L.A. accumulation at the end of each calculation period shall be folded in to the wage structure.

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ARTICLE 15- HEALTH CARE COVERAGE

15.01 The Company agrees to pay eighty percent (80%) and the employee shall pay twenty percent (20%) of the premium for a group insurance plan which provided the following benefits to all employees with seniority in accordance with the rules and regulations of the carrier.

Any provisions which purport to give the Company "The right to modify or terminate this insurance in whole or in part or even increase the portion of the benefit costs charged to the adherents" shall be eliminated.

Life Insurance with A.D. & D.

July l, 2015-$44,000.00 July I, 2016- $46,000.00 July I, 2017-$48,000.00

Retirees shall have life insurance coverage of:

July l, 2015-$5,500.00 July l, 2016- $6,000.00 July I, 2017-$6,500.00

Dependant Life Insurance Spouse:

July I, 2009-$10,500.00 31

Dependant Life Insurance Child Benefit: July l, 2009- $7,500.00

Eligible Dependants: To be covered under the Dependant Life Insurance Plan, the dependant must be either the spouse, or an unmarried child (including an adopted, foster or step child) who is under age 21.

Spouse means: The definition of spouse shall be amended to include same sex partners on the same basis that is provided for by the current definition for common law spouses. Recognition of the relationship after one year of cohabitation.

Unmarried children who are full~time students and dependant upon the employee for support are insured up to age 25.

WEEKLY INDEMNITY - Effective July I, 1994, 66 2/3% of gross weekly earnings ~ no maximum ~ first day of accident, eighth day of illness, for a period of thirtyseven (37) weeks. Thereafter, the benefit will be suspended and Unemployment Insurance benefits will be used for the next fifteen (15) weeks.

WEEKLY INDEMNITY PAYMENTS- The Company agrees to advance an employee, on Short Term Disability, his weekly indemnity entitlement, if not received by the

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employee in question within two (2) weeks following the submission to the Company of all pertinent forms, duly filled. The employee so affected will sign a release entitling the Company to be refunded the total amount so advanced, either by turning over to the Company the indemnity cheque(s) or, in the case of nonpayment by the carrier, such amount will become due payable to the Company by the employee.

The Company agrees that benefits under this plan will not be reduced by any iricome replacement due to a government plan or automobile insurance.

LONG TERM DISABILITY- Effective October I, 2006 all employees who are effectively at work (not disabled) on that date will be provided an L.T.D. Plan as follows:

A monthly benefit of One Thousand Three Hundred Dollars ($1,300.00) fully integrated with the primary disability benefit from the Canada Pension Plan, payable to the earlier of death, retirement or recovery.

Benefit Waiting Period: One (I) year or thirty-seven (37) weeks if the employee is not eligible to receive U.I.C. Disability Benefits afier the first thirty-seven (3 7) weeks.

Definition of Disability: "Wholly and continuously disabled and unable to perfonn duties of any occupation at the Company".

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The wording for the first two (2) years of LTD disability will be as of above and after two (2) years, the definition of disability will revert back to the current language.

ONTARIO HEALTH TAX- The Company will pay One Hundred Percent (100%) of the cost. The Ontario Health Premium introduced by the Ontario Provincial Government in July of 2004 will be paid One Hundred Percent (100%) by the employee.

DENTAL PLAN - Employees are to be enrolled in a Corporate Dental Plan. The Company will provide each employee with a booklet covering details of the procedure provided.

Effective July 17, 1994 Orthodontic Coverage will be added to the plan (children coverage only- aged up to 21 or 25 if student) -Co Insurance: Fifty Percent (50%) - Life Maximum: Two Thousand Dollars ($2,000.00) per child effective July I, 2000

DRUG PLAN - The drug plan will be on the basis of an eighty percent (80%) insured and twenty percent (20%) employee co-pay per prescription, generic drugs definition to be used. When an employee is laid off, benefit premium payments shall be continued for the month of the layoff and

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one (1) additional month thereafter. The above drug plan is also extended to employees (and their eligible dependants who take early retirement). Such plan will cease at age sixty-five (65) years.

EYE GLASSES & CONTACT LENSES- The cost of such is payable up to a maximum of Two Hundred and Forty Dollars ($240.00) effective July I, 2015, and Two Hundred and Fifty Dollars ($250.00) effective July I, 2016 and Two Hundred and Sixty Dollars ($260.00) effective July I, 2017, one (I) time every twenty-four (24) months on an 80-20 Co-Insurance basis.

EYE EXAM - The Company will pay a maximum of $80.00 once during the life of this three (3) year agreement for an eye examination for the employee only.

15.02 Spouse, as it appears with respect to the above programs, shall have the following definition:

Refer to definition in Article 15.01

15.03 Under the Weekly Indemnity Plan it is understood that the Company wi11 retain the total amount of the premium reduction provided by the Unemployment Insurance Commission as the plan meets all requirements of registration.

15.04 Any proviSion which purport to give the Company '"The right to modify or terminate this insurance in whole or in part or even increase the portion of the benefit costs charged to the adherents" shall be eliminated.

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ARTICLE 16- DEDUCTION OF UNION DUES

16.01 The Company and the Union agree that all employees must become members of the Union upon completion of their probationary period. 16.02 The Company agrees to deduct regular weekly dues and initiation fees as specified in the Union's Constitution and Local Union By-Laws from each employee covered by this Agreement, and remit the monies so deducted to the Financial Secretary of Local 2163 on or before the 151h day of the following month.

16.03 The Company will, at the time of making each remittance to the Union, specify the employees from whose pay such deductions were made.

16.04 The Union will advise the Company in writing of the amount of Union Dues, and if there are any changes in the amount of Union Dues during the term of this Agreement, the Union will advise the Company of such changes.

16.05 When the Company is notified by an employee of a change of address a copy of such will be given to the Union.

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16.06 The Union agrees to indemnify the Company and hold it harmless against any claim which may arise in complying with the provision of this article.

16.07- BULLETIN BOARDS

The Company will provide bulletin board space and will permit the Union to post notices thereon. However, the Company reserves the right to take down any notice it considers offensive or political.

ARTICLE 17- SHIFT DIFFERENTIAL

17.01 The following premiums shall be paid to employees who work either ofthe undermentioned shifts: (a) Afternoon Shift:

July I, 2008- .60/hour worked (b) Night Shift:

July I, 2008- .80/hour worked (c) There shall be no duplication or remanding of shift premium and overtime rates for the same hours of work.

ARTICLE 18- SAFETY AND HEALTH For the duration of this agreement, employees will have the right to refuse unsafe work in accordance with the provision of the Occupational Health and Safety Act that is in effect on July 2, 1997.

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18.01(a) The Company and the Union will co-operate in the continuing objective to eliminate accidents and health hazards. The Company shall continue to make reasonable provision for the safety and health of its employees at the plant during the hours of their employment;

(b) The Safety and Health Committee will be comprised of three (3) members from each party to discuss any matters pertaining to safety, to inspect all areas of the plant, and to report their recommendations to management. Meetings will be set by mutual agreement.

18.02 Each employee will receive up to a maximum of One Hundred and Sixty Dollars ($160.00) effective July I, 2015, One Hundred and Seventy Dollars ($170.00) effective July I, 2016 and One Hundred and Eighty Dollars ($180.00) effective July I, 2017, towards the cost of CSA approved safety footwear. All footwear should be obtained from a Company designated supplier. Any employee wishing to purchase from a non-designated supplier will be reimbursed based upon receipt of purchase up to the stated amount. Maintenance, pinloaders, floaters, yardman and regeneration employees will be entitled to a second pair of safety shoes annually if required.

18.03 The Company will provide coveralls or pants and shirts to each employee. The Company will have the coveralls cleaned and maintained and will replace them due to fair wear and tear up to a maximum of two (2) pairs per year.

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18.04 The Company will provide one (1) pair of standard safety glasses to each employee for every twelve (12) month period. The Company will provide CSA approved prescription safety eye glasses for each employee who requires them. The Company will be responsible for the maintenance, repair and replacement of safety glasses through normal wear and tear at work. Both safety and prescription safety glasses will be obtained through the Company designated provider which will be within reasonable proximity ofthe plant

18.05 -HEAT STRESS All employees will be trained annually to recognize signs, symptoms and prevention of heat related illness. Training related to heat stress will be jointly developed and presented by the Joint Health and Safety Committee to all employees of Sivaco, Ingersoll.

ARTICLE 19-PAYDAY 19.01 All employees are to be paid weekly.

Payday, except as otherwise provided, is to be on Thursday of each week. Employees on the afternoon shift will be paid before leaving work on Wednesday except in a week in which a holiday is observed on Monday and/or Tuesday. Employees will receive statements of gross earnings to date, and total Union Dues deducted will be provided on T4 forms.

ARTICLE 20- REST PERIODS

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20.01 There shall be a ten (10) minute rest period assigned by the Company during the first four (4) hours of an employee's regular work period.

ARTICLE 21- GENERAL

21.01 CALL-IN ALLOWANCE- An Employee who has punched out and left the premises and who is recalled for urgent work shall be paid time and one-half(l-1/2) his regular hourly rate for all hours worked from his recall until the beginning of his regular shift but in any case for not less than the equivalent of four (4) hours at this regular hourly rate.

21.02 When an employee has not been notified before the commencement of his shift that no work is available, then if the employee arrives at the plant ready for work he shall be given a work opportunity of at least four ( 4) hours at his regular rate before being sent home.

21.03 WAGE PAYMENTS - Wages paid shall be based on clock-card hours.

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21.04 TEMPORARY TRANSFERS

(a) The rate of pay of an employee who is temporarily required to fill the place of an employee receiving a lower rate of pay shall not for that reason be reduced, and any employee_ who is temporarily transferred to work at a higher wage rate sha11 receive the higher rate after the first hour and retroactively. No employee shall be transferred more than twice per shift. This does not include the transfer returning the employee to his former position. All such transfers will be given to the employee(s) so affected, in writing;

(b) While an employee is so transferred, no other employee shall do his job unless by mutual agreement, or in the case of emergency, or in order to avoid interrupting operations. In addition, the Company can back fill on a job where the regular operator has been reassigned to receive training.

(c) Where an employee is being transferred under sub article (b) above, and there is more than one (I) employee within the classification from which the transfer is being made, the junior most employee with the skill and ability to perform the work required will be transferred.

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21.05 DISCIPLINE (a) The Union agrees to co-operate with the Company regarding discipline and Company rules, and will make every effort to combat misdemeanors which may be considered cause for discharge. An employee's record with regard to disciplinary actions may be reviewed at any time by the Company and the Union at the request of either. The employee's record may be cleared of such notations by mutual agreement;

(b) All verbal and written warnings shall be given in the presence of a steward. All suspensions and discharges shall be given in the presence of the plant committee;

(c) Copies of Company rules shall be posted on bulletin boards and given to each new employee;

(d) All disciplinary action taken by the Company shall be taken within seventy-two (72) working hours, following the knowledge by the Company of the alleged action. This time limit may be extended by mutual agreement of the parties;

(e) The Company will provide the Union with copies of all disciplinary notations.

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21.06 LEAVES OF ABSENCE (a) Leave of absence without pay shall be granted to no more than three (3} employees at a time, who have been elected or appointed by the Union, to attend conventions or conferences. However, such leaves of absence shall not be granted to more than one (1) employee per job at any given time. The Company must receive at least five (5) working days written notice in advance for leaves of absence longer than one (1) day and two (2) working days written notice in advance for leaves of absence of one ( 1) day or less and be advised ofthe period of the convention or conference;

(b) An employee who is elected or otherwise appointed to a position as a full time staff officer of the Union shall be granted a leave of absence without pay and without loss of seniority;

At the end of such leave of absence he shall return to work within seven (7) regular working days following completion of his term in office.

During such leave the employee shall not be entitled to any benefits flowing from this agreement and for all purposes shall be considered an employee of the Union and the Company shall be saved harmless from any claims whatsoever rising during his term of office;

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(c) Leave of absence without pay for legitimate reasons may be granted to employees who have completed their probationary period.

Leave for incarceration for driving related offences on the first occasion only, will be automatically granted by the Company for a period of up to six (6) months. Any extension or subsequent leave for incarceration for driving offences is at management's discretion but after consultation with the Union.

Requests for such leaves will be made in wntmg. The approval or otherwise of the request will be given to the employee in writing within three (3) weeks from the request being received. When leaves of absence are granted in conformance with this situation the employee, upon expiration of such leave of absence, shall return to his classification in accordance with his seniority. During approved leaves of absence seniority shall continue to accumulate.

21.07 BEREAVEMENT PAY- In the case of a death in the immediate family (defined as spouse, children, brother, sister, father, mother, or in-laws, grandparents or grandchildren of an employee) an employee will be allowed up to three (3) consecutive days off work without loss of pay to make arrangements for or to attend the funeral. Increase from three (3) consecutive days to four (4) consecutive days in case of death of spouse, son, daughter, mother, father.

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21.08 JURY DUTY - In the event an employee is called for jury duty, or is subpoenaed as a crown witness, he will be compensated for the time thus spent on the following basis:

(a) The Company will pay the employee the difference between his normal hourly rate earnings and any payment he receives for the jury duty;

(b) It is understood that if any employee is dismissed from such duty on any day he must make every effort to return to the plant for the balance of his day or forfeit the right to make-up pay;

(c) The Company will provide a letter to the Union as attached, not to be included in the Collective Agreement, setting out the procedure for reimbursement to employee of the taxable portion arising out of the jury duty payment.

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21.09 PAID EDUCATIONAL LEAVE- .05 per hour worked per employee (see Letter of Understanding No.7).

21.1 0 The parties will conduct consultation meetings regularly during the terms of the Agreement to discuss issues relating to the workplace which affect the parties or any employee bound by the Collective Agreement.

ARTICLE 22- TRAINING PREMIUM

"The Company will pay a training premium of .35¢ per hour to an employee who is specifically designated by the Company to be a "Trainer". He/she will be paid the training premium only for hours actually spent training another employee. This premium will not apply to an employee who is being accommodated on modified duties in the position of trainer."

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ARTICLE 23- DURATION

23.01 This Agreement shall remain in force from July 1, 2015 until June 30, 2018. Three (3) year agreement. It shall continue in force from year to year thereafter unless either party gives notice in writing of amendment or termination to the other party no sooner than ninety (90) days and not less than thirty (30) days prior to the expiration date.

23.02 Negotiations shall begin within fifteen (15) days following notification for amendment as provided in the preceding paragraph.

23.03 If pursuant to such negotiations an agreement is not reached on the renewal or amendment of this Agreement, or the making of a new Agreement, prior to the current expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties or until conciliation proceedings prescribed by law have been completed, whichever date should first occur. Signed in Woodstoc~ Ontario this 19th day of June, 2015.

FOR THE COMPANY Lawrence Pye Dave Courage Lynne Matthews

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FOR THE UNION Luis Domingues Tim Smith Ken Blancher Garry Harris

WAGES Wages shall be frozen for the term of the Collective Agreement, until its legal expiry date.

APPENDIX""A~ WAGE RATES

Alben #I Morgan #22 Morgan #23 Forklift Truck Operator Payloader Operator Yard Person

Note: (1) Probationary employees to receive and hourly rate twenty-five cents (_25) below group eight rate during their probationary period.

(2) Cost ofliving allowance generated during this agreement has not been included in the above figures.

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MEMORANDUM OF AGREEMENT

BETWEEN:

SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-CANADIAN AUTOMOBILE WORKERS LOCAL2163 Hereinafter called the "Union"

RE: HIRING CONDITIONS

The parties agree to modify existing collective agreement commencing date of ratification to endorse a five (5) year "Progressive Wage Scale" in order to stimulate employment and injection of capital funds required to sustain growth and product diversity.

All new hires will be subject to the provision of the ''"Progressive Wage Scale." The employee remuneration will be 70% of the existing job rate. Upon completion of the second anniversary of employment, the employee rate of pay will increase to 75%: on the third anniversary of employment, the employee rate of pay will increase to 80%; on the fourth anniversary of employment, the employee rate of pay will increase to 90%; and on the fifth anniversary of employment, the employee rate of pay will be at I 00%.

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Year 1 Year2 Year3 Year4 YearS Year6

SlY ACO Ontario Progressive Wage Scale

70% of existing job rate 70% of existing job rate 75% of existing job rate 80% of existing job rate 90%~ of existing job rate 100% of existing job rate

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APPENDIX "B" PENSION PLAN

Effective Date of Ratification the Company shall enforce a pension plan on the following basis:

{I) As of July I, 2008: $48.00 per month for all years of credited service

Past service limit date, ie. November 1, 1971 remains unchanged.

(2) EARLY RETIREMENT Unreduced accumulated pension paid from age sixty (60) if the employee has at least ten (10) years of service as at that time.

(3) BRIDGE BENEFIT - Effective Date of Ratification, $26.00 per month per year of service payable from the early retfrement date to age sixty-five (65) or death, if earlier.

Bridge Benefit payable when employee selects early retirement after becoming eligible (sixty (60) years of age and ten (10) or more years of service).

Benefit payable monthly from the early retirement date to age sixty-five (65) or death, if earlier.

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(4) CREDITED SERVICE- Up to one (I) year of pension credit will be provide while an employee is receiving Workers' Compensation Benefits (effective July I, 2000).

(f) All Ontario Pension Benefits Act minimum required provisions will be officially incorporated as of July 1, 2000. However, such provisions, if need be, will apply from the effective date as prescribed under the regulations governing the act.

Clause 3.3, of the pension text dealing with vesting, shall be amended to provide that any member who has been a member for a continuous period of at least twenty-four (24) months shall be entitled to a deferred pension.

Basic Benefit rate for those currently on retirement shall be as per the Sivaco Quebec Fommla in their current collective agreement.

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Employees hired after date of ratification (including the temporary employees listed below) shall not participate in the non-contributory Company Pension Plan. Such employees will participate in a defined contribution plan as follows:

Years of Employer Employee Employer Service Basic Voluntary Match

Contribution 0-5 2% --- ---5-10 2% 2% 2% 10-15 2% 3% 3% 15 and 2% 4% 4% more

*All percentages apply to basic compensation payable to the employee, including supplemental hours, if any.

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LETTER OF UNDERSTANDING NO. 1

BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the '"Company" -and-UNIFOR LOCAL 2163 Hereinafter called the "Union"

RE: MINISTRY OF LABOUR INVESTIGATIONS

The parties agree that where the Ministry of Labour is called in to investigate an accident and/or work refusal, the safety chairperson or designate may be present.

Signed this 19th day of June, 2015.


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LETTER OF UNDERSTANDING NO.2

BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" ·and-UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: CANADA SAVINGS BONDS

The Company agrees to make Canada Savings Bonds available to its employees through payroll deductions. However, it must be understood that each individual employee in the plan is responsible for all penalties and charges that may be levied by the bank.

Also, two (2) weeks notice for cancellation is required by the Company.

Signed this l9thdayofJune,2015.


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FOR THE UNlON Luis Domingues Tim Smith Ken Blancher Garry Harris


BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-UNIFOR LOCAL2163 Hereinafter called the ''Union"

RE: TRAINING

The Company acknowledges the importance of having trained employees for the safe and efficient operation of the plant.



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FOR THE UNlON Luis Domingues Tim Smith Ken Blancher Garry Harris

•


BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter cal1ed the «Company" -and-UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: NATIONAL DAY OF MOURNING

The Company agrees to allow the employees to observe one (I) minute of silence on April , 28th at 11 :00 a.m. in recognition of the National Day of Mourning for those workers who have died as the result of a workplace accident.

Signed this 19th day of June. 2015.


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BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: HEALTH AND SAFETY TRAINING

The Company agrees to provide Unifor Health and Safety Training for all employees on a continuing basis. It further agrees to pay the cost of developing up to three (3) Unifor Health and Safety instructors/trainers per contract year.

Also, the Company will be installing a computer compatible hookup to the Canadian Centre for Occupational Health and Safety Centre in Hamilton.



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BETWEEN:

SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-

UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: PAID EDUCATION LEAVE The Company agrees to pay into a special fund five cents (.05¢) per hour per employee for all compensated hours for the purpose of providing paid education leave. Said paid education leave will be for the purpose of upgrading the employee's skills in all aspects of Trade Union functions. Such monies to be paid on a quarterly basis into a Trust Fund established by the National Unions, Unifor, and sent by the Company to the following address: Unifor, 205 Placer Court, North York, Ontario, M2H 3H9. Attention: PEL The Company further agrees that members of the bargaining unit, selected by the Union to attend such courses, will be granted a leave of absence for twenty (20) days of class time, plus intermittent over a twelve (12) month period from the first day of leave. Employees on said leave of absence will continue to accrue seniority and benefits during such leave.

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The Company further agrees to supply the Union with the following information when each contribution is sent to the paid education leave program: the Local Union number, the Bargaining Unit(s) covered, the number of employees, the number of hours used in the payment calculation and the period of time covered.



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BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" ·and· UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: SUPPLY OF TOOLS

The Company agrees to supply tools required to employees, save and except Tool and Die Maker, Electrician and Motor Mechanic.

In the case of Tool and Die Maker, Electrician and Motor Mechanic, the Company will repair and/or replace broken and/or damaged tools.

It is also understood that all employees are responsible for their tools.



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BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" ·and· UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: PAYROLL CHEQUE INFORMATION

The Company agrees to provide all YTD information regarding the payroll status, weekly on the pay stub of each employee.



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RE: CONTINUANCE OF PAY DURING LEAVES OF ABSENCE FOR UNION BUSINESS

The Company agrees to pay their regular earnings to employees who have been granted leaves of absence for Union business for a maximum period of two (2) weeks at any given time. The Company will submit a billing to Local 2163 for reimbursement.


FORTHECOMPANY Lawrence Pye Dave Courage Lynne Matthews

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BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-UNIFOR Hereinafter called the "Union"

RE: LEAVES OF ABSENCE -ARTICLE 21.06(b)

With reference to leaves of absence granted under the above clause of collective agreement, the Company agrees to grant leave of absence to one (1) employee only at any given time when so requested by the Union for the purpose of political leave, as an elected official or working full time for an elected official.



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LETTER OF UNDERSTANDING NO. II

BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: TRANSFERS

Transfers of multi-block operators within the multi-block machines shall not b_e deemed to be temporary transfers as outlined in clause 21.04 of the collective agreement. However, an operator so transferred will retain his seniority in his original position in the multi-block group. Also, while so transferred, his machine will not be operated. The Company can back fill on a job where the regular operator has been reassigned to receive training. Transfers of single-block operators within the single-block machines shall not be deemed to be temporary transfers as outlined in clause 21.04 of the collective agreement. However, an operator so transferred will retain his seniority in his original position in the single-block group. Also, while so transferred, his machine will not be operated. The Company can back fill on a job where the regular operator has been reassigned to receiving training.



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RE: CONTINUOUS WORK WEEK

In the event that business conditions warrant a continuous operation twenty-four (24) hours per day, seven (7) days per week the parties agree to meet in order to discuss the possibility of implementation of such a schedule.



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BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the «Company" -and-UNIFOR LOCAL2163 Hereinafter called the '"Union"

RE: CORE CERTIFICATION

The Company acknowledges its obligations to make provisionS in accordance with the requirements of the Ontario Health and Safety Act. The delivery of the Core Certification Training will be done by the Occupational Health & Safety Centre Instructors. The Company undertakes to pay the total cost for the Core Certification training of the worker members of the joint Health & Safety Committee over the life of the contract. It is understood that no more than one ( 1) member will be trained per contract year.



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BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: BANKING OF OVERTIME FOR TIME OFF THEJOBWITHPAY

The employee may, at his/her discretion, receive full payment of overtime hours worked or elect to bank the equivalent paid overtime hours in lieu of payment in accordance with the following conditions:

(a) Time off in lieu of overtime hours will be accumulated at the applicable rate: Example: 8 hours worked at time and one half= 4, 8, or 12 hours banked or 4, 8, or 12 hours paid or combination of those choices. 8 hours worked at double time= 4, 8, 12 or 16 hours banked or 4, 8, 12 or 16 hours paid or a combination of those choices.

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(b) The employee cannot bank more than eighty (80) hours from July 1 to June 30 of each year. Such banked hours may be carried over to the next year but shall not be accumulated beyond eighty (80) hours at any time. Hours can be topped up to eighty (80) hours at any time, but no more than eighty (80) hours can be used in the year.

(c) Time off must be taken in terms of increments of eight (8) hours. Time off must not be booked during July and August, except in cases of illness.

(d) Employees will cash in any accumulated lieu days if such time is not taken by July I of that year and the Company will pay out the unused lieu days on the next following regular pay.

(e) All requests to bank overtime hours must be made at the call up of the overtime by the Supervisor, or his/her designate, prior to the start of the shift on the appropriate form supplied by the Company. A copy of the signed form (employee and Supervisor) will be given to the employee. When employees request their lieu days off they shall do so with one (I) week's notice on the appropriate form to be supplied by the Company and the Company will endeavour to accommodate employee's needs in this respect. The Company will supply a reasonable explanation if employees are not granted the dates requested. In such cases, the Company will provide alternate dates to the employee for his/her satisfaction.

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(f) When payment for banked time is made to an employee, the amount per hour for such time shall be calculated upon the basis of the date on which the banked time was earned.

(g) Furthermore, it is understood between the parties that if an employee is on an approved leave for banked overtime, any overtime hours offered during such leave will not be charged against his/her overtime record.



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BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and· UNIFOR LOCAL2163 Hereinafter called the "Union"

RE: PROFESSIONAL ORGANIZATIONS AND/OR ASSOCIATIONS

The Company agrees to pay in full costs of memberships to all professional associations which are pertinent to Q.A. Technicians and Metallurgical Engineering Technicians at Sivaco Ontario. Approval must be received prior to application.



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BETWEEN: SIV ACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and· UNIFOR LOCAL2163 Hereinafter called the "'Union"

RE: TEMPORARY EMPLOYEES

1. Available work will be offered first to any employees that are on layoff.

If an employee of the Temporary Labour Pool declines five (5) work opportunities within their anniversary year, the Company may remove that employee from the Temporary Employee Pool.

All temporary employees will pay union dues.

2. A temporary employee can be used to replace a full time employee only for absences, which are limited to absentee call ins, leaves of absences, SID, LTD, WSIB, modified work, absences due to banked time and float days, bereavement, jury duty, union leaves and for vacation

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coverage. The temporary workforce shall not exceed fifteen percent (15%) of the full time workforce.

If required, a temporary worker can be used on weekend overtime opportunities (Saturday, Sunday and holidays) provided that all full time employees have been given the opportunity with respect to weekend/holiday overtime prior to any temporary employees being called in on weekends or holidays.

(a) Temporary employees when filling the opening mentioned in paragraph 2 above shall go to the opening that is created after the shift trades and/or shift changes of seniority posted operators.

Furthermore temporary employees for (manning) scheduling purposes will not be placed on the vacant shift opening. They will be maintained on the bottom of the shift schedule on the temporary employee pool.

Temporary employees will not be forced to work different shifts on any given week, unless they volunteer.

3. The Company will provide the proper documentation and will discuss with the Union in advance, unless in case of emergencies at which time the Company wili notify the Union within one hour of such occurrence of the hiring of a temporary employee.

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4. The hours of work opportunity will first be granted to the most senior temporary employee or the employee with the most hours.

5. Temporary employees will be covered by Article 10 for all overtime hours. Total time required to gain seniority shall equal one thousand (1,000) hours worked in any twelve month period. Hours will be calculated from the first day of work with the Company for all current temporary employees and new temporary employees and will be reset to zero on their anniversary date. Article 9.01 shall not apply to temporary employees.

Any hours accumulated while on WSIB modified duties will not be used in the calculation of the one thousand (1,000) hours probationary requirement. Should the Company decide to keep this employee after his probationary period all hours will count for seniority purposes.

6. The temporary worker manpower will not exceed fifteen (15%) of the existing workforce, unless approved by the President of Local 2163 or his designate.

7. The Company agrees to recognize the most senior temporary worker at the time full time hiring is deemed to be required. The Company is under no obligation to maintain workers who are approaching seven hundred and

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twenty (720) hours and the termination of such temporary worker shall not be the subject of a grievance or arbitration.

8. Temporary workers cannot be used for discipline coverage.

9. Temporary workers who gain seniority will be entitled to benefits.

10. Temporary workers will go into the wage progression chart once they obtain seniority.

11. Temporary employees will not be utilized to take over work presently performed by full time employees, except for the reasons mentioned above.

12. Temporary employees will be paid nineteen dollars and forty cents ($19.40) per hour.


FOR Til.E COMPANY Lawrence Pye Dave Courage Lynne Matthews

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LETTER OF UNDERSTANDING N0.17

BETWEEN: SIVACO ONTARIO, INGERSOLL, ONTARIO Hereinafter called the "Company" -and-UNIFOR- LOCAL 2163 Hereinafter called the "'Union"

RE: CONTINUITY OF OPERATIONS FOR THE ANNEALING AND REGENERATION DEPARTMENTS

CONTINUITY OF ANNEALING OPERATIONS

1. In addition to the three (3) posted operators, a pool of three (3) employees will be selected by posting and will be maintained on an ongoing basis. The three (3) employees in the Annealing operations pool will regularly participate in weekend overtime opportunities in order to remain qualified. The Company will make available to the posted operators a minimum of seventy-five (75) % of overtime opportunities.

2. In the event of lack of shift coverage, employees will be designated to work, in inverse order of seniority.

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CONTINUITY OF REGENERATION OPERATIONS

1. In addition to the three (3) posted operators, a pool of two (2) employees will be selected by posting and will be maintained on an ongoing basis. The two (2) employees in the Regeneration operations pool will regularly participate in weekend overtime opportunities in order to remain qualified. The Company will make available to the posted operators a minimum of seventy-five (75) % of overtime opportunities.

2. The pool employees will be scheduled for regular training with a posted operator on shutdowns and start ups in order to keep their training current.

3. In the event of lack of shift coverage, employees will be designated to work, in inverse order of seniority.



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Skilled Trades

1. Skilled trades for the purpose of this agreement shall be those trades and classifications listed below:

1 Electronic Wire person I Electrician 4 Millwright 1 Mechanic I Gas Fitter 1 Machinist 3 Q.A. Technicians

2. The term "Journeyman/Woman" as used in this agreement shall mean any person:

(a) Who presently holds a Journeyman/Woman classification in a skilled trades occupation as listed in one above, or

(b) Who has served a bona fide apprenticeship of four (4) years- 8000 hours or five (5) years- 9000 hours and holds a certification which substantiates his/her claim of such service; or

(c) Who has eight (8) years of practical experience in the skilled trade or classification in which he/she claims Journeyman's designation and can prove same. A CAW Journeyman/Woman card will be accepted as proof.

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(d) Any further employment in the skilled trades occupations as listed in one above, after signing of the agreement, shall be limited to Journeymen/Women and Apprentices.

3. Seniority in the skilled trades shall be by noninterchangeable occupations or trades within the Company. Seniority lists shall be by basic trades or classifications.

4. In the event of a decrease in force in any skilled trade or classification the following procedure shall apply:

(a) First, Apprentices will be laid off from their classification in the reverse order of their entry into their apprenticeship.

(b) Second, probationary employees will be laid off from their classification.

(c) If further employees are to be laid off, such employees will be laid off in order of their seniority within their classification.

5. The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council, 1/2 hour per year.

The first such dues deduction will be made from employee's first pay following completion of their probationary period. Thereafter, dues deductions will be made in January of each succeeding year or upon completion of one (1) month's work in the calendar year.

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These deductions along with the names of the employees shall be remitted to the Financial Secretary of the local union.

Letter of Understanding for Skilled Trades

Re: Technological and Technique Change

During negotiations, the Company and the Union discussed changes in technology and techniques that could possibly cause a change in the number of employee's in the bargaining unit.

While the Company and the Union realize the importance of keeping abreast of new methods of manufacturing that will allow us to remain competitive, we must also recognize the necessity of upgrading the skills of the workforce to keep any impact from new technology and techniques to a minimum.

The Company will notify the Union as far in advance as possible of any decision to apply new technology and techniques which may substantially change the nature of the workforce.

The Company will make the necessary training available for all employees to become qualified in the skills required because of technological change. This training may be done on site, at a community college or other facilities depending upon the circumstances.

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When major training for new technology is required, the Company and the Union will discuss the methods of training and the individuals most appropriate to receive the training.

Letter of Understanding for Skilled Trades

Re: Outside Contracting

This letter will confirm the Company's policy concerning the performance of maintenance or trades work and the circumstances under which it may be contracted out.

It is recognized and understood that, at times, and for varying reasons, it is not considered practical or advisable for certain work to be performed in-house. The Company must, therefore, reserve the right to decide how and by whom any work is to be performed. This letter is not to be regarded as affecting that right provided, however, we have the necessary facilities and equipment and can perform the work required with our own workforce. It is our intention and desire to keep such work within the Company. The Company will provide the Local Chair with advance notice of outside contracting related to work which is normally performed by the skilled trades workforce.

No bargaining unit employee with the appropriate skills and ability shall be laid off or remain on lay off while work belonging to the Company is being performed by outside contractors, provided that the Company has the necessary facilities and equipment and the work can be performed by such employees in a competitive manner.

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Planning

Plant management shall meet semi-annually to review with the Union Negotiating Committee projected work loads regarding the installation, construction, maintenance, fabrication, repair, service and warranty work of existing or new equipment and facilities.

Information

Advance notice of outside contract activities will be provided to the Union Chair in situations other than emergencies, at least I 0 days in advance to permit meaningful discussion and a careful analysis of the Company's workforce capabilities in connection with the subject work.

Work Assignment

Either party may request to arrange a special meeting to include the Union Committee concerning issues arising out of work assignments of employees in skilled trades classifications. In addition, the Company agrees to pay the cost of license renewals for skilled trades required by provincial statute/regulation.

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Skilled Trades Apprentices

General I. The purpose of the appendix is to define the provisions governing registration, education, seniority, and all other matters peculiar to skilled trades apprenticeships.

2. Provisions of the Collective Agreement shall apply to all skilled trades apprentices.

3. A joint apprenticeship committee shall be composed of an equal number of members - two (2) from management and one (I) from the skilled trades classification plus the plant chairperson.

The function of this committee shall be to advise on all phases of the apprenticeship training program. This committee shall meet quarterly and as required. At least two (2) members of the committee from the union and two (2) members of the committee from the Company, must be present in order to administer the apprenticeship standards.

Registration

4. All apprentices will be registered with The Ontario Department of Labour and The Ontario Training Adjustment Board. All apprentices will sign a written apprenticeship agreement with the Company.

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Initial Education Requirements

5. An apprentice will be required to have all Ontario academic credits or equivalent. Exception to these requirements may be made by the apprenticeship committee.

School Attendance

6. Apprentices will be required to attend classes for related instruction. Any time spent in the classroom instruction will be paid for by the Company if the apprentice loses time from his regular work schedule as a result of school attendance. The apprenticeship committee will establish a related progressive training schedule for the apprentices similar to that recommended by the CAW apprenticeship standards, offering full exposure to all aspects of the apprentices trade. The Company will arrange for the apprentices to attend such courses.

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Completion of Apprenticeship

7. An apprentice upon completion of his apprenticeship, shall receive the Journeyman's classification. No certificates will be issued by the Apprenticeship Branch, Ontario Department of Labour, unless approved by the joint apprenticeship committee.

Seniority

8. The apprentices will exercise their seniority in their own classification. (For example, if there are four (4) apprentices in the electrical trade and a reduction in this number is required due to lack of work, the first hired shall be the last laid off and the last laid off shall be the first to be reinstated).

Upon satisfactory completion of the apprenticeship program, the apprentice will obtain skilled trades seniority as of the starting date of the apprenticeship, minus any time spent on layoff or in production due to exercising bumping rights due to layoff. Accumulation of production seniority is frozen and excludes time served in apprenticeship.

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Ratio

9. The ratio shall not be more than one (1) apprentice to six (6) journeymen. In the event of a layoff or recall, the ratio shall be one (1) apprentice to six (6) journeymen. The Company will endeavour to maintain these ratios.

The above mentioned ratio may be modified as the need arises upon approval of the joint apprenticeship committee.

Applications

10. Seniority Employees (Restricted Pool) (a) Notice of apprenticeship openings will be posted on the Company's bulletin board. (b) Applications of apprenticeship will be accepted by the personnel department from seniority employees (Employees with the bargaining unit) who consider themselves eligible under this program of training. (c) A numbered application blank will be filled out and each applicant will sign a register noting that he/she has received and filed an application. (d) Applicants meeting the minimum requirements as per #5 will be turned over to the joint apprenticeship committee for approval or disapproval.

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11. Credit for Previous Experience - Credit for previous related experience in any apprentice training program or a skilled trade in any plant may be given up on the time required on any phases of the apprentice shop training or related training schedules. Credit for such previous experience shall be given the apprentice at the time he/she has satisfactorily demonstrated that he/she possesses such previous experience and is able to do the job. Related training credit shall be given the apprentice at the time that he/she is requesting credit under the related training schedule.

At the time such credit is given, the apprentice's wage shall be correspondingly adjusted within the apprentice rate scheduled based on the amount of credit given toward completion of the shop training schedule.

Discipline

The committee shall have the authority to discipline an apprentice and to cancel the apprenticeship agreement of the apprentice at any time for cause pertaining to his apprenticeship as such:

(a) Inability to learn (b) Unsatisfactory work (c) Lack of interest in his/her work or education

This shall not limit the right of the Company to discipline an apprentice for cause for matters not related to his/her training as an apprentice. Such discipline by the Company shall be subject to the grievance procedure.

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Apprentices

Apprentices in each of the trades covered shall be paid progressively increasing schedule of wages as follows:

I st 1000 hours- not less than 65% of the Journeyman's rate znd 1000 hours- not less than 70% of the Journeyman's rate 3rd 1000 hours - not less than 75% of the Journeyman's rate 4th 1000 hours- not less than 80% of the Journeyman's rate 5th 1000 hours- not less than 85% of the Journeyman's rate 6th 1000 hours- not less than 90% of the Journeyman's rate 1h 1000 hours- not less than 95% of the Journeyman's rate gth 1000 hours- not less than 95% of the Journeyman's rate

An employee with seniority rights who enters the apprenticeship program will remain at his/her current hourly rate until such time as the percentage (%) of the Journeyman's rate is greater of the two and will continue to progressibly increase as per above chart.

A new hire placed directly into an apprenticeship will begin at 65% of the Journeyman's rate and progress according to the apprentice wage schedule.

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Apprenticeship Tools

At the commencement of an apprenticeship, the apprentice will receive a tool allowance for the purchase of tools.

Electrical apprentices will receive $400.00.

Mechanical and tool makers will receive $400.00.

If requested, management and/or the apprenticeship committee will assist the apprentice in obtaining tools. Where the Company purchases tool boxes or work benches for the tradesmen this will not be part ofthe tool allowance.

The apprentice shall submit a receipt for the purchased tools to his respective supervisor. The apprenticeship committee will review and advise the apprentice of the necessary tools.

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