S\tl BORG-WARNER AUTOMOTIVE (CANADA) LIMITED ~ Simcoe, Ontario

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Agreement

INTERNATIONALASSOCIATION OF

MACHINISTS

AND AEROSPACE

WORKERS

January 31, 1997- January 31, 2002

MEMORANDUM OF AGREEMENT made this 7th day of April, 1997.

Between:

BORG-WARNER AUTOMOTIVE (CANADA) LIMITED

hereinafter called the "Company"

OF THE FIRST PART,

-and-

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

OF THE SECOND PARI,

WITNESSETII:

Where used herein the masculine pronouns shall be deemed to apply to both male and female unless the contract clearly specifies otherwise.

TABLE OF CONTENTS

1.itk ARTICLE I - RECOGNITION EXCLUSIONS ................. .

ARTICLE II- RESERVATIONS TO MANAGEMENT ... .

ARTICLE III- REPRESENTATION................................. 2

ARTICLE IV - SENIORITY.............................................. 3

ARTICLE V -GRIEVANCE PROCEDURE..................... 8

ARTICLE VI- ARBITRATION........................................ IO

ARTICLE VII- BULLETIN BOARD................................ 11

ARTICLE VIII- STRIKES AND LOCK-OUTS................ 12

ARTICLE IX- LEAVE OF ABSENCE............................. 12

ARTICLE X - INSURANCE.............................................. 13

ARTICLE XI - PAID HOLIDAYS..................................... 18

ARTICLE XII - VACATIONS........................................... 19

ARTICLE XIIl- BEREA YEMENI PAY.......................... 21

ARTICLE XIV- WAGES AND HOURS.......................... 21

ARTICLE XV- GENERAL............................................... 22

ARTICLE XVI - POSTING AND TRANSFERS............... 24

ARTICLE XVII- PENSION.............................................. 27

ARTICLE XVIII -COST OF LIVING............................... 28

ARTICLE XIX- TERMINATION..................................... 29

SCHEDULE "A"- HOURS OF WORK............................ 31

SCHEDULE "B" -JOB CLASSIFICA IIONS....... ............ 36

SCHEDULE "C" - 10-HOUR AFTERNOON SHIFT........ 37

APPRENTICESHIP PROGRAM....................................... 40

EXHIBIT A- MONEY PURCHASE PENSION PLAN..... 43

INDEX ........... _.................................................................... 44

ARTICLE I - RECOGNIDON EXCLIJSIQNS

1 :01 This agreement is entered into pursuant to certificate of the Ontario Labour Relations Board dated the 1st day of June, 1960.

1:02 The Company recognizes the Union as the exclusive bargaining agent for all employees of the Company at Simcoe, Ontario, save and except foremen, persons above the rank of foreman, office and sales staff, head shipper, chief storekeeper, expeditor, engineering department, sales and executive trainees and guards.

ARTICLE D - RESERVATIONS TO MANAGEMENT

2:01 The Union acknowledges that it is exclusively the function of the Company to:

(a) maintain order, discipline and efficiency;

(b) hire, discharge, classify, direct, transfer, promote, demote, lay-off and suspend or otherwise discipline employees, subject to the right to lodge a grievance as herein provided;

(c) make and alter from time to time rules and regulations to be observed by the employees, provided that they are not inconsistent with the provisions of this agreement. Notice will be given to the Union committee two days prior to any significant changes;

(d) generally to manage the industrial enterprise in which the Company is engaged and without restricting the generality of the foregoing, to determine the products to be manufactured, methods of manufacture, schedules of production, kinds and locations of machines and tools to be used, process of manufacturing, the engineering and designing of its products, the control of materials and parts to be incorporated in the products produced and the extension, limitation, curtailment or cessation of operations at the plant.

ARTICLE III - REPRESENTATION

3:01 The Union shall appoint or elect and the Company shall recognize three (3) committeemen to represent all employees of the bargaining unit.

3:02 The Union shall notify the Company in writing from time to time of the names of the committeemen and their alternates, the respective effective dates of their appointment and names, if any, of those former committeemen who they are replacing.

The Company will deal only with the committeemen as specified in the above paragraph.

3:03 It is understood and agreed that the committeemen as well as other employees have regular duties to perform. Committeemen, with the approval of the foreman of the department where they are respectively employed, shall be permitted dwing their working hours to leave their regular duties for a reasonable length of time to investigate and present grievances in their respective jwisdictions. The foreman's approval shall not be unreasonably withheld.

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3:04 It is agreed that when negotiating for the renewal of the collective agreement takes place during the committemen's working hours, the members of the Union negotiating committee would not suffer loss of pay. This stipulation will be limited to inplant renewal contract negotiations prior to conciliation services.

ARTICLE IV - SENIORITY

4:01 Fundamentally rules respecting seniority are designed to give employees an equitable measure of security based on length of continuous service with the Company.

4:02 Upon completion of sixty (60) days worked within any period of six (6) consecutive months, where the employee has not been discharged;

(a) The employee shall have their name added to the seniority list showing their classification and their seniority date.

(b) Employees shall be considered probationary employees until they have completed sixty (60) working days and their seniority date shall be the calendar date which coincides with the sixtieth working day prior to the completion of their probationary period. Probationary employees shall not have any seniority under this agreement.

4:03 Employees' names shall appear on the seniority lists in the order of their respective dates of hiring. As of February 1, 1994, when more than one employee has been hired on the same day their names shall appear on the list in the order of their Social Insurance Number - the highest number being placed above a lower number. The date of hiring of any employee placed on the seniority lists

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after sixty (60) days worked, intermittent employment within any period of six ( 6) consecutive months where the employee has not been discharged, or where this probationary period has not been mutually extended, shall be considered to be the date sixty (60) days worked prior to the date upon which he attains seniority.

4:04 (a) Seniority shall apply in lay-offs and re-hiring after lay-offs.

(b) In the event of a recall which appears to the Company unlikely to be of longer duration than ten (10) working days, recall will proceed by seniority but only with employees within the affected classification. Employees so recalled must be qualified (through past experience in the classification) to perform the work without further training.

(c) If, within the said ten (10) working days, it becomes apparent to the Company that the recall is to exceed that period then, as soon as the same becomes apparent and in any event at the expiration ofthe said ten (10) days, the recall shall take place according to plant seniority.

4:05 In the event of a layoff which appears to the Company unlikely to be oflonger duration than five (5) working days, within one calendar week (Sunday to Saturday inclusive), reduction in the working force will proceed by seniority but only with employees within the affected classification. Employees so laid off shall not have the right to bump into another classification unless the employee is qualified (through past experience in the classification) to move into another classification and perform the work without further training.

4:06 If, within the said five (5) working days, it becomes apparent to the Company that the layoff is to exceed that period then, as soon as the same becomes apparent and in any event at the expiration of the said five (S) days, the layoff shall take place according to

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seniority.

4:07 (a) Employees will be given one (I) work day notice in the event of a "temporary lay-off" except when due to irregularity in production or natural disaster or as legislated by the Canadian Government.

(b) Employees with three (3) or more years of service will be given two (2) weeks notice of a "temporary lay-oft''.

"temporary lay-off'' is defined by Section 1 of Regulation 327 in the Emplf:?yment Standards Act.

4:08 In the event of a lay-off, employees may bump less senior employees in any classification provided they have had previous experience or provided they could meet the normally accepted standards of production requirements with two weeks or less retraining. Employees who are bumping into a classification in a different wage group will only be allowed one bump per layoff unless it is a classification in which they have had previous experience.

4:09 Seniority rights shall cease for any one of the following reasons:

(a) If the employee quits his employment.

(b) If the employee is discharged and the discharge is not reversed through the grievance and/or arbitration procedure.

(c) If the employee is absent for three (3) working days without advising the Company, giving satisfactory reasons; however, the Company may extend beyond the three days for extenuating reasons.

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(d) If an employee on lay-off status fails to return to work within three (3) working days after the attempted delivery of written notice, by registered mail, (return receipt to be used as confirmation) to his/her last address on record with the Company unless he furnishes satisfactory reasons for such failure.

(e) If an employee is on layofffor a period oftime equal to his/her seniority or twenty-four (24) months, whichever is less.

4: I 0 The Company shall supply seniority lists at reasonable intervals, when requested, to the Union Committee, showing job classification and rates of pay. This list shall be kept current as changes occur.

4: II Any employee who is promoted or transferred from a job within the Bargaining Unit to a position outside of the Bargaining Unit shall retain his/her seniority as of the date of transfer but shall accumulate no additional seniority while outside the Bargaining Unit In the event the employee is transferred back by the Company, (s)he shall be returned to the appropriate place on the seniority list.

4:12 In the event of an employee suffering a major disability, where there is mutual agreement, exception may be made to the seniority provisions of this agreement in favour of such employee.

4:13 (a) When new equipment is installed, employees in the classification which will be required to operate the equipment will be given approprjate instruction and training on the new equipment.

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(b) In making promotions, except promotions to supervisory positions, seniority shall apply where the Company considers the skill, ability and efficiency of the employees concerned are relatively equal.

4:14 The Union Committee as specified in Article 3.01 shall have super seniority on the following basis:

(a) If there is a layoff in a committee member's classification and his personal seniority is not enough to keep him in his classification, he shall be allowed to bump into any classification occupied by a less senior employee, in which he is capable of performing the work required or would be capable with the training period specified in Article 4.08, or

(b) With the exception of a layoff where all employees are laid off or a layoff where all employees except the plant maintenance personnel are laid off, if the committee members cannot find employment through the terms of (a) above then the Company shall maintain them in employment in a capacity of the Company's choosing at the appropriate rate for the classification as specified in Schedule "B" of this agreement.

(c) If a committee member does not find employment through section (a) or (b) above and there are bargaining unit members still working within the plant, the committee person with the most plant wide seniority will be maintained in employment in a capacity of the Company's choosing at the appropriate rate for the classification as specified in Schedule "B" of this agreement.

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ARTICLE V- GRIEVANCE PROCEDURE

5:01 An employee and steward shall first discuss an employee's grievance with the foreman of his department who shall render his decision immediately, if possible, but in no case longer than three (3) working days. A probationary employee shaH not have the right to file a grievance arising out of his discharge.

5:02 If the decision of the foreman is not satisfactory to the employee concerned, he may submit the same to the foreman of his department in writing, either direct or through the relevant committeeman. It shall be optional to the Company to decline to consider any grievance, the alleged circumstances of which originated or occurred more than ten ( l 0) working days prior to its presentation in writing. The foreman shall deal with the grievance and render his decision thereon in writing not later than the third working day next following the day upon which he received the grievance. No claims will be valid prior to date of the grievance except where the employee has no knowledge that he has a grievance, and retroactive not to exceed two (2) weeks.

5:03 If the decision of the foreman is not satisfactory to the employee concerned, he may appeal therefrom by lodging an appeal in writing and signed by the employee, with the Management Committee through the relevant committee person, within three (3) working days of the delivery of the decision. Thereupon there shall be a conference with the committee to discuss the grievance. The conference shall take place within seven (7) working days after the receipt of the employee's appeal or at any other time that is mutually agreed to by the parties. The Company's decision shall be given within seven (7) working days after the conference. An International representative of the Union may be present at the conference.

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5:04 The procedure in this section equally shall apply to a grievance lodged by a group of employees.

5:05 The members of the Management Committee will be the Plant Manager and such other persons as may be selected by the Plant Manager from time to time. Any changes will be communicated to the Union immediately.

5:06 Where the foreman is absent, any grievance will be submitted to another foreman or designated supervisor.

5:07 Any claim by an employee, with seniority, that he has been discharged without cause, shall be treated as a grievance, and such grievance shall be dealt with as outlined in Article 5:03, if lodged within three (3) working days of such discharge.

Such grievance may be settled under the grievance procedure by:

( l) Confirming the management's action in dismissing the employee.

(2) Re-instating the employee with full, part or no compensations for lost time (less any·wages earned during this period) or

(3) Any other arrangement which may be deemed just and equitable.

5:08 The time limits specified in this Article may be extended by mutual agreement of the parties hereto.

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ARTICLE VI - ARBITRATION

6:01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement, and within (5) working days after the decision of the Management Committee, notify the other party in writing of his desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within five (5) working days advise the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five {5) days of the appointment of the second of them appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman, within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine. the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the chairman shall govern. The time limits provided by this paragraph may be extended by mutual consent of the parties hereto.

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6:02 The Arbitration Board shall not have jurisdiction or alter or change any of the provisions of this agreement or substitute any new provisions in lieu thereof, nor give any decision inconsistent with the terms and provisions of this agreement. However, the arbitrator shall have the right to amend any penalty, if in the opinion of the arbitrator the penalty is unreasonable and unjust.

6:03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto wi11 bear the expense of an arbitrator appointed by it and the parties will jointly bear the expenses of the chairman of the arbitration board, if any. The proceedings of the arbitration board will be expedited by the parties hereto. An employee who is discharged shall be given the opportunity to interview his comrnitteman privately for not more than thirty (30) minutes at a time and place designated by his Supervisor before the employee leaves the Company's premises.

ARTICLE VU - Bl JI .I.EIJN BOARD

7:0 l The Union shall have a bulletin board for its own use in the plant to be erected, located and designated for the purpose by the Company. Provided and it is agreed that the use by the Union of such bulletin board shall be restricted to the posting thereon of only such notices as have received the approval of the Plant Manager, or, in his absence, the next senior supervisor, in writing prior to the posting thereof, and that the subject matter of all such notices shall be restricted to notices pertaining to recreational, educational or social activities of the Union, notices of meetings or notices ofthe results of Union elections.

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ARTICLE VID- STRIKES AND LOCK-OJITS

8:01 The Union agrees that there will be no strike and the Company agrees that there will be no Jock-out during the term of this collective agreement. It is understood that the terms "strike" and "lock-out" have the meaning contained in the definition of such terms in the Ontario Labour Relations Act.

ARTICLE IX - LEAVE OF ABSENCE

9:01 (a} An employee requesting a leave of absence shall submit his request. specifying the reasons for the request, in writing to his supervisor with as much advanced notice as is reasonably possible.

(b) The supervisor shall give his written response back to the employee within two weeks (2 weeks) of the written request. If the request is denied the supervisor shall specify the reasons for the refusal.

(c) If a leave of absence is for thirty (30) days or less the employee's benefits shall be continued until the end of the month in which the leave is started.

(d) In cases ofleave of absence, seniority shall be accumulated for the time granted.

(e) Employees who are absent due to illness or injury are not required to apply for a leave of absence, however, employees who are absent for these reasons for more than thirty (30) days may be requested to provide a medical certificate showing that they are medically fit to return to work.

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9:02 (a) Employees who are designated to attend Union conferences, conventions, or training seminars shall be granted a leave of absence with seniority. If possible, notice of the leave of absence must be given to the employer two (2) weeks prior to the leave. This leave of absence may be extended to a maximum of three (3) employees at any one time.

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(b) A leave of absence with seniority shall be granted to one (I) employee designated to perform urgent and necessary business for the local union provided that his/her superior is informed of this as far in advance as is reasonably possible.

(c) The Company will continue to provide the benefits indicated in Article 10:01 to employees granted Leave of Absence under (a) and (b) above.

ARTICI.E X -INS11RANCE

10:01 The Company will pay one hundred percent (100%) of the monthly insurance costs for the duration of the contract subject to the provisions of the respective policies and the contracts and the rules, regulations and instructions from time to time issued pursuant thereto.:

(a) Life insurance of $23,000

(b) Accidental Death and Dismemberment of$23,000

(c) Sickness and accident

Effective January 1, 1988, 60% of an employee's normal weekly insurable earnings, provided that the employee's portion of the Unemployment Insurance (U.I.) reduction be signed over to the Company. Maximum benefit period to be

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twenty-six (26) weeks with a waiting period of seven (7) days for illness and no waiting period for accident or hospitalization. This is conditional upon receiving approval from the Canada Employment and Immigration Commission.

(d) Supplemental Plan providing for Semi-private hospital care~ and

(e) Drug Plan with a $10.00 single and $20.00 family deductible~ Employee not charged $20.00 until second eligible family member uses plan~ and

(1) Dental Plan- The basic benefits provide payment towards the cost of all reasonable charges to employees and their insured dependents for necessary eligible dental services performed by a dentist or licensed dental technician up to the amounts shown in the fee schedule for the province of residence. Dental tariff changes usually take place at the first of the calendar year. Since benefit payments increase when the dental tariff increases, the contract includes a provision to aiJow for an automatic increase in rates.

Eligible Expenses - No deductible, no co-insurance

A • Routine examinations as often as every six consecutive months.

- X-rays - Cleaning and scaling - Floride treatments - Space maintainers and regainers for missing primary teeth

Items subject to deductible and co:-insurance

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B- Fillings other than inlays and crowns - Extractions -Oral Surgery - Periodontal care, excluding peridontal prosthesis - Endodontics, e.g., root canal therapy - Rebasing and relining of dentures

Deductibles ·Single $25.00 per person per year -Family $25.00 per person per year for two (2) people. The remaining members are exempted from the $25.00 deductible clause.

Co-insurance - 80% paid by Insurance Company; 20% paid by the employee after the basic deductible clause has been fulfilled.

C- PROSTHODONTIC COVERAGE (DENTURES)

Deductible • $50.00 per person to a maximum of $200.00 per family.

Co-Insurance - 50% paid by Company; 500/o by Employee, after the deductible.

D- ORTHODONTIC COVERAGE (BRACES) Deductible- $50.00 per person to a maximum of$200.00

per family. Co-Insurance - 50% paid by Company; 500/o by

Employee, after the deductible. -Lifetime maximum of$1,000 person, and $4,000 per

family.

MAXIMUM CHARGES PER YEAR OF $1,000.00 PER PERSON AND $4,000.00 PER FAMH.. Y.

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(g) LONG TERM DISABILITY

The Company will provide a L.T.D. plan which provides a monthly source of income in the event that an employee is unable to work due to total and permanent disability.

The plan will be offset by any other disability income sources such as Canada Pension Disability Pension or Workers' Compensation.

There wi II be a waiting period of 15 weeks after the ~ expiration of the 26 week short term sickness and accident

plan. During this period the employee is entitled to draw up to 15 weeks of sickness benefits through Unemployment Insurance.

Monthly LID Payment"

50% of base monthly wage- up to maximum of$3,000 per month for an employee with at least one (I) but less than ten (10) years of service.

60% of base monthly wage- up to maximum of$3,600 per month for an employee with ten (10) or more years of service.

Maximum of Coverage·

The maximum number of months that an employee can receive this benefit is equal to the number of full months of seniority you have with the company at the time you become totally disabled. This maximum applies to all periods of total disability, even if they are due to difference and unrelated causes.

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Termjnatioo of Benefits·

(a) When the employee is no longer totally disabled;

(b) When the employee reaches age 65, if the disability begins before his/her 60th birthday.

(c) When the employee has received the maximum number of monthly benefits.

Whichever is earliest.

This summary is for initial infonnation only and does not cover the plan in its entirety.

REFER TO THE BOOKLET ON LTD FOR COMPLETE PLAN DETAILS.

10:02 The Company will pay the cost ofbenefits for employees who have been injured at work and meet the relevant eligibility criteria as set out in the Workers' Compensation Act, for one year following the date of the injury.

The Company will pay the cost of insurance premiums and benefits for those employees who are absent from work as a result of illness or injury for the twenty-six (26) weeks.

I 0:03 Employees who are no longer actively employed by the Company shall not be covered for benefits, except that employees who are laid off shall be covered until the end ofthe calendar month following the month in which they are laid off.

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ARTICLE XI -PAID HOLIDAYS

11:01 The Company will provide thirteen (13) paid holidays as follows:

New Year's Day Victoria Day Civic Holiday Thanksgiving Day Boxing Day

Good Friday Dominion Day Labour Day Christmas Day

One day (1) prior to Christmas Day. One day (1) prior to New Year's Day. Two (2) additional floating holidays designated by the Company prior to the contract year.

The amount of pay shall be eight (8) multiplied by the employee's regular straight time hourly rate (excluding off shift and over-time premiums). In order to qualify for holiday pay, an employee must comply with the following requirements:

(a) The employee must have seniority as of the date of such holiday.

(b) The employee must work on the last scheduled shift preceding the holiday and the first scheduled shift after the day of observance of the holiday unless he has been granted leave of absence by the Plant Manager or unless he is absent due to illness or accident which is certified by a Physician.

(c) An employee who has agreed to and does work on the day of observance of the holiday shall be paid one and a halftimes his regular rate for all time worked on such day in addition to any holiday pay to which he may be entitled hereinunder.

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(d) An employee who has agreed to work and fails to work on any such holiday shall not be entitled to any pay therefore unless he gives reasons satisfactory to the Company for his failure to work.

(e) Should any of these holidays fall on a Saturday or Sunday, a day in lieu will be observed as a paid holiday except where otherwise legislated by the governing body in the Canadian Government.

(f) If Canada Day falls on a Saturday it shall be observed on the Friday, and if it falls on a Sunday it shall be observed on the Monday. If Canada Day falls on any other day of the week. the union and the company shall agree on the day such holiday is to be observed based on the decision of a majority of hourly employees.

11:03 If one of such holidays occurs while an employee is on vacation, (s)he shall be paid his/her holiday pay and will be allowed to schedule the holiday at another time which is mutually agreed to by the Company and employee.

ARIICI..E XII • VACATIQNS

12:01 Each employee who is on the active payroll ofthe Company and has completed twelve (12) months employment with the Company shall be entitled to a vacation of two weeks with pay equal to 4% of the total earnings he shall have received during the twelve months ending on his employment date. Vacation pay is payable after June 30th in each year.

12:02 Each employee who on the 30th day of June in each year is on the active payroll of the Company and has the following seniority with the Company, shall be entitled to a vacation of the

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corresponding days and percentage of the total earnings he shall have received during the twelve months ending on the 30th day of June.

I to 4 years- 10 days at 4% 5 to 10 years- 15 days at 6% II to 20 years - 20 days at 8% 21 years plus - 25 days at I 0%

12:03 Vacation pay shall be based on the various percentages of total earnings. Total earnings for the purposes of vacation shall be all taxable earnings paid by the Company in the 12 months ending June 30th.

12:04 (a) All vacations are to be taken. Employees shall have the option of receiving all their vacation pay at the time of the scheduled plant shutdown or receive their remaining vacation pay at the time their remaining vacations are scheduled. The employee shall have until April 30th of each vacation year to schedule their outstanding vacation weeks. Should the employee fail to schedule their vacation time by April 30th of the vacation year, such vacation shall be scheduled by the Company.

Employees under extenuating circumstances such as a long layoff or extended illness, will not have to take vacations over and above the plant shutdown.

(b) Employees who are separated from their employment with the Company shall be paid their vacation on a pro-rated basis.

12:05 The Company shall post the plant shutdown vacation schedule by May I st of each year.

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12:06 Employees who worked during vacation shutdown and employees who are entitled to more than two week vacations, shall be allowed to select their vacation periods within the succeeding vacation year of July lst to June 30th. The Company shall determine how many employees shall be on vacation at any one time. Seniority shall determine who shall have preference.

ARTICLE XIII ~ BEREAVEMENT PAY

13:01 Providing they are regular working days, the Company will grant, upon application made by a seniority employee, three (3) days leave of absence without loss of pay to him/her to attend the funeral of a member of his/her immediate family. The amount of pay for each day shall be eight (8) hours multiplied by the employee's straight time hourly rate (excluding off shift and overtime premium). The recognized three day's leave shall be the day immediately preceding and the day of the funeral and the day following the funeral. "Immediate family" shall mean the wife, husband, child, brother, sister, mother, father, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents and grandchildren of the employee.

ARTICLE XN- WAGES AND HOURS

14:01 Attached hereto and forming a part of this agreement is Schedule "A" covering hours of work; overtime, shift premium and reporting in allowance.

14:02 Attached hereto and forming a part of this agreement is Schedule "B" covering Job Classifications and Wage Rates.

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14:03 Attached hereto and forming a part of this agreement is Schedule "C" covering the I 0 hour afternoon shift. ·

14:04 No pyramiding of premium pay is allowed.

ARTICLE XV - GENERAL

15:01 Employees.shall notify the Management Committee of any change of address.

15:02 Supervisors may perform work normally done by an employee of the bargaining unit only in accordance with the past practice of the Company. It is not the intent of the Company to displace Bargaining Unit Employees of either regular or overtime hours. The Company agrees to provide training for maintenance personnel, by seniority, for diagnostics of computer controlled processes, on a schedule mutually satisfactory to both parties.

15:03 It is agreed that the Rand Formula will be applied as follows:

Employees shall be required as a condition of employment to authorize the Company, on a form provided, to deduct from the first pay of each month an amount equal to the regular monthly dues of the Union. Such deductions shall be remitted to the Treasurer of Local Lodge 154 7, together with a list of employees from whom such deductions were made, on or before the 25th of the month in which the deductions are made. The Company agrees to provide the Union at the end of each calendar month a list of hire and severance for that month.

15:04 The Company will provide one pair (1) of safety shoes per year per employee. Effective January 31, 1997 the amount payable will be $100.00 per pair.

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Effective January 31, 1998 the amount payable will be $105.00 per pair. Effective January 31, 1999 the amount payable will be $110.00 per pair.

The Company will purchase one pair of safety shoes for each new employee. If the new employee leaves the Company for any reason prior to completion of six (6) months of service, the cost of the safety shoes will be deducted from the final paycheque. Employees will be required as a condition of employment to wear a11 safety equipment deemed necessary by the Company.

Those employees in the permanent job classifications of "TUMBLER & WASH OPERA TORS, MAINTENANCE STAFF AND PRESS OPERATORS" will be entitled to two (2) pairs of safety shoes, considered suitable for the working environment up to a maximum of:

$200 per year effective January 31, 1997 $210 per year effective January 31, 1998 $220 per year effective January 31, 1999

15:05 The Company will purchase one pair of prescription safety glasses for those employees requiring corrective lenses. The cost is not to exceed $175 per each eighteen (18) month period. If a new employee leaves the company for any reason prior to completion of six (6) months of service, the cost ofthe glasses will be deducted from the final paycheque.

Tool Allowance for permanent Maintenance & Millwright classification will be $100 per contract year kept on account by Purchasing and requirements to be signed off by supervisor. Stocking of a tool crib. ·

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ARTICLE XVI - POSTING AND TRANSFERS

16:01 (a) Vacancies and/or new jobs will be posted for three (3) working days, and answered within three (3) working days. Decisions shall be posted for (3) working days. A bidder not selected will be given a reason as to why he/she was unsuccessful. The Company will give full consideration to any employee bidding on the job; however, the general principal will be that the job will be awarded to the most senior qualified bidder. If the Company feels that none of the bidders are qualified. the job will be filled from outside.

(b) Employees who are transferred to other classifications shall be given adequate training with equipment and procedures by a person qualified per article 16:04.

16:02 (a) Except when bumping into a lower classification in lieu of a layoff, an employee will not suffer a loss of pay when temporarily transferred, at the convenience of management, to another classification or assignment on the same shift.

(b) If it is anticipated by the Company that a temporary vacancy may exist for more than ten (10) consecutive working days then the Company will post a temporary job posting.

(c) All employees applying for a temporary job posting will be given an opportunity to train for the job. This training will be done according to seniority. The Company will train as many applicants as possible before the expiration of six (6) months from the time of posting. This period may be extended by mutual agreement between the Company and the Union.

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(d) Once an applicant has successfully completed training for a job and is considered capable and qualified then that person will be eligible to fill a temporary vacancy for that job when asked. Generally, seniority will apply when more than one applicant is available unless mutually agreed to by both parties on the basis of production requirements. An applicant may refuse a temporary transfer, but only once in any twelve (12) month period.

(e) A posting for a temporary job will be in effect for a twelve (12) month period after which the job will be re-posted and applicants must reapply.

(f) If no one from within the bargaining unit applies for the job then the Company shall have the right to go outside the bargaining unit to fill the opening.

16:03 When temporarily transferred to a higher paid classification for one (1) day or more, an employee shall receive his same rate for no longer than one (I) day after which time he shall receive the rate of the classification.

16:04 An employee with six (6) months seniority promoted through job posting shall be paid a rate five (5) cents below the maximum rate for the classification, for a maximum period of three (3) months. At the end of three (3) months, or earlier, if the Company so decided the affected employee shall be paid the maximum rate for the classification. During the first three months following a transfer, the Company may transfer an employee back to his previous position, if he is not adequately performing the job, or, alternatively, the employee may return to his previous position, if he is not satisfied with his new classification.

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Employees in the Maintenance Millwright classification will not be allowed to apply for a permanent job posting while apprentice training and for a period of two (2) years upon obtaining their ticket, or by mutual agreement, at an earlier date.

16:05 The duties of each existing job classification shall be as agreed to by the parties during the 1990 Pay Equity negotiations and shaH be contained in a separate booklet with the Union Committee having at least one copy. The Company reserves the right to add job classifications and/or to revise or amend existing job descriptions/classifications as a means of improving operational efficiency, and/or due to the changing nature of the business. If in the Company's discretion it adds, revises, or amends any job description, the Company shall prepare a job description, make a job evaluation, as per the Job Evaluation Plan agreed to during 1990 Pay Equity negotiations, and assign such job to the appropriate labour grade. The Company will evaluate any revised job descriptions as per the contract within three (3) months of the settlement of the signing of the new contract. It is understood that re-evaluation of jobs may cause the job to go either up or down.

The Union shall have an opportunity to review the job evaluation and labour grade with the Company. If the Union does not agree to the evaluation or placement in a labour grade, it may file a grievance within ten (10) working days of receipt of such job evaluation. Work on any such job shall start and/or continue during the pendency of the grievance and/or arbitration procedure.

The Company will evaluate any revised job description as per the contract within three (3) months of the settlement of the signing of the new contract. It is understood that re-evaluation of jobs may cause the job to go either up or down.

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ARTICLE XVII - PENSION

17:01 The Company will establish a pension plan, hereinafter referred to as the "Plan" to read as set forth in a statement of said Plan, a copy of which is attached hereto as Exhibit A and made a part of this Agreement as if fully set out herein. The provisions of this Agreement, in the event of any conflict between the provisions of the Plan and the provisions of the Agreement, will supersede the provisions of the Plan to the extent necessary to eliminate such conflict. The Company's obligation hereunder to establish the Plan is contingent upon and subject to obtaining and retaining such approval of the Department of National Revenue as the Company may find necessary to establish the deductibility for income tax purposes of any and all payment made by the Company thereunder. The obligation to establish the Plan is also contingent upon the Plan being accepted for registration by the Pension Commission of Ontario under the Pension Benefits Act (hereinafter referred to as the "Act•).

17:02 A trustee of an insurance company, or both, shall be designated by the Company and a trust agreement or contract, or both, executed between the Company and such trustee or insurance company, or both, under the terms of which a pension fund or insured fund (both berein referred to as the ''Trust Fund" which term when used shall mean either the pension fund or insured fund, or a combination thereof) shall be established to receive, hold, invest and reinvest contributions payable by the Company, interest and other income, and to pay the retirements benefits provided by the Plan. The trustee or insurance company, as the case may be, shall be solely responsible for the investment or reinvestment of the funds in said trust fund and shall have sole discretion as to the securities in which the fund shall be invested or reinvested, including a share in any joint investment account or trust except that all assets of the trust fund must conform with the requirements of the Act. The Company will determine the form and terms of any such trust agreement or contract, may modify any such trust agreement or contract &om time to time to accomplish the purpose of this Agreement; may remove any ttustee and select any successor trustee and select or change insurance companies. The retirement benefits provided for in the Plan shall be only such as can be provided by the assets of the Trust Fund and there shall be no liability or obligation on the part of the Company to make any further contributions to the trustee or the insurance company in the event of termination of the Agreement or the Plan beyond those required by the Act. The Company agrees to pay irrevocably to the trustee or insurance company &om time to time during the term of this Agreement contributions or premiums in amounts sufficient to meet the funding requirements of the Act. Nothing herein shall be deemed to prevent the Company from making contributions to the Trust Fund in amounts greater than those required under this Section nor shall a greater contribution in any year be construed to increase the Company's obligation hereunder. Amounts contributed by the Company in any year in excess of the requirements of this Section shall be credited against contributions required hereunder in the subsequent year or years.

17:03 Except for modifications, alterations or amendments required by the Department of National Revenue and The Pension Commission of Ontario for the purpose of approval of the Plan (which may be made retroactively) neither this Agreement nor the Plan may be modified, altered, or amended during the term of the Agreement.

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ARTICLE XVlli - COST OF UVING

18:01 The cost of living provisions outlined below will be put into effect for the duration of the agreement.

18:02 The cost ofliving allowance will not be added to the wage rates in Schedule "B", but will be added to each employee's straight-time hourly earnings, and shall be included as part of the regular weekly pay. It shall also be included in computing overtime premium, holiday and vacation pay, bereavement pay, and report-in allowance.

18:03 The basis for computing the cost ofliving allowance shall be the CPI (Consumer Price Index base year 1981) for Canada, for the preceding year.

The provision will apply in the event that an increase in the Index exceeds 3.0% (three percent) for the first year, 3.0% (three percent) for the second year and 3.0% (three percent) for the third year.

The increment will be computed monthly on the basis of one cent (.01) for each .13 change above the kick-in.

In like manner the new kick-in will be determined by utilizing the December 1997 CPI for 1998, and December 1998 CPI for 1997, and December 1997 CPI for 1998.

18:04 No upward adjustment of the Cost of Living Allowance in any contract year may exceed thirty-five cents (35).

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ARTICLE XIX -TERMINATION

19:01 This Agreement shall become effective February 1, 1997 upon its execution by the parties hereto and shall remain in effect thru the 31st day of January, 2002 and shall continue thereafter from year to year unless either party gives notice in writing of its intention to terminate or amend the Agreement, such notice shall be given not more than one hundred and twenty days (120) nor less than ninety days (90) prior to the terminal date of any yearly anniversary date thereafter.

19:02 If notice of intention to amend or terminate is given by either party in writing pursuant to 19:01 above, negotiations will commence not later than fifteen days (15) after such notice, or as soon thereafter as is mutually agreed, and if such negotiations do not result in agreement prior to the terminal date of any extension yearly anniversary date thereafter, then this agreement may be extended by mutual agreement between the negotiating parties for such further time as is necessary in order to complete negotiations.

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IN WITNESS WHEREOF the parties hereto have executed this Agreement this 7th day of April, 1997.

INTERNATIONAL ASSOCIATION MACHINISTS AND AEROSPACE WORKERS

BY ... k,..,. ... J)L ..... Kenneth Beaul

~ ,.; (l . v't; BY: .......... ~ ...... ~~·········

TMffl~ BY: ... A. .. ~ .................. .

Steve Vodi Grand Lodge Representative

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BORG-WARNER AUTOMOTIVE (CANADA) LIMITED

BY~;? Plant Manager

BY ....... Steven Racher General Foreman

SCHEDULE "A"

I. THE NORMAL HOIJRS OF WORK WILL BE·

(a) 40 hours per week, worked on eight hours per day, Monday to Friday, inclusive, with an unpaid lunch break, for day shift employees, or.

(b) 40 hours per week, worked on ten hours per day, Monday to Thursday, inclusive, with an unpaid lunch break, for afternoon shift employees, as per Schedule "C" which is attached, or

(c) 40 hours per week, worked on 8 hours per day, Monday to Friday inclusive, with a paid lunch break, for employees working on a three shift basis.

This provision shall not be construed as a guarantee of 40 hours work in any week or 8 hours in any day.

2. SHIFT PREMUTM

An employee who works on a shift other than the regular day shift shall be paid for each hour worked on such shift:

(a) Second Shift- an additional forty-five (45) cents over the regular hourly rate.

(b) Third Shift- an additional fifty (50) cents over the regular hourly rate.

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3. OVERTIME (excluding 10 hour "B" shift employees; refer to Schedule "C".)

(a) The Company will pay time and one-half his/her regular hourly rate for all hours worked in excess of eight (8) hours per day Monday to Friday, inclusive

(b) The Company will pay time and one-half his/her regular hourly rate for all worked performed by an employee on Saturday, unless Saturday is his/her regular scheduled shift.

(c) The Company will pay double his/her regular hourly rate for all worked performed by an employee on Sunday, unless Sunday is his/her regularly scheduled shift.

(d) The Company will pay time and one-half his/her regular hourly rate for all worked performed by janitor/labourers on the sixth dayofwork.

(e) The Company will pay double his/her regular hourly rate for all work performed by janitor/labourers on the seventh day of work.

(f) Time for which overtime or a premium is paid under this agreement on one basis shall be excluded in the computation of overtime or the premium paid on any other basis.

(g) The general concept is "overtime is overtime".

All overtime work will be voluntary. Employees will be canvassed for overtime work in their permanent classification first, then those in temporary postings, and others.

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Employees in the shift requiring overtime will be the ones asked with the employees with the least amount of hours asked first if available. Equipment familiarity is also to be a considering factor.

The parties hereto agree to co-operate with each other in the operation of this section to ensure any employee who may be passed in the above shall not suffer a loss of earnings as a result of the bypass.

(h) Overtime and the opportunity to work overtime in any department will be recorded. Employees declining the opportunity to work overtime and those absent from work on the day overtime is scheduled, will have that time counted as though worked. Refused hours in a temporary posting will not be charged. Those employees who accept overtime and then fail to report shall have two (2) times the requested hours charged against them. ·

(i) Any employee who through new hire, transfer, bidding, sick leave or other means, starts to work in a job, will be charged with the average number of overtime hours in that job. An employee on an authorized leave of absence will have charged against him overtime hours equal to the average overtime hours worked in his job during such absence.

(j) The Company will update records of overtime every other week, in the respective job classification and these records shall be posted. Such records will show, by employee, all overtime hours worked, all declined opportunity hours subject to charge, and all hours accepted and then not worked by the employee's failure to report to work.

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(k) Whenever reasonably possible the Company will give twenty· four (24) hours notice of Saturday and Sunday overtime, and likewise four (4) hours advance notice when overtime is required at the conclusion of any employee's regular shift. When this notice is not possible, employees asked and declining overtime will not have such hours charged against them.

An employee will respond to either accept or reject a request for overtime in a timely manner, mutually agreed upon by both the supervisor and the employee (subject to a reasonable time to make personal arrangements) to allow the Company to arrange the coverage. If the employee accepts the request for overtime, but then rejects it later in the shift, that employee will be charged double the amount of overtime hours requested.

4. REPORTING-IN ALLOWANCE

An employee reporting for work on his regular shift but for whom no work at his regular job is available, will be offered at least four hours employment in other work at his regular hourly rate, or, at the Company's option, will be paid four hours' time at his regular hourly rate. This provision shall not apply when such lack of work is due to labour dispute, fire, flood, or other causes beyond the control of the Company.

5. REST PERIOD

The Company shall grant one ten minute paid rest period in the morning and one ten minute rest period in the afternoon.

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6. PAID LUNCH

Employees who work on jobs running continuously for 24 hours each scheduled workday, on a 3-shift basis, which limit such employees to 7-2/3 working hours per shift, shall receive full pay for their established lunch period. Employees scheduled on a 12 hour concurrent shift, shall receive full pay for their established lunch period.

7. WASH-uP

The Company shall grant one five minute wash-up before lunch break and one five minute wash-up at the end of the shift.

8. CALLIN

Employees who are requested to report in for work prior to their normal starting time shall be paid the appropriate overtime rate for the hours worked.

Employees who are requested to return to work after their regular shift has been completed shall be paid for a minimum of four (4) hours work at his/her regular rate, unless the time spent at the factory exceeds two and one-half (2.5) hours in which case (s)he will be paid the appropriate overtime for the hours worked.

9. SIANDBY PAY Employees who are requested by the Company to be on standby, i.e. furnace operators and Industrial Mechanics, will be paid a standby fee of $30.00. If the employee is required to go to the factory while on standby, (s)he will be paid for four hours work at his/her regular rate, unless the time spent at the factory exceeds four hours in which case he/she will be paid the applicable overtime for the hours worked.

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SCHEDULE "B"

WAGES

I. Effective respectively, on the dates noted the following wage rates shall become effective:

Labour Effective Date Group Job Class Feb.l/97 Feb 1198 Feb.l/99 Feb 1100 Feb, 1/0 1

I Industrial $I7.55 $I8.08 $I8.62 $19.27 $19.95 Mechanic(Millwright)

2 Maintenance $16.17 $I6.66 $17.16 $17.76 $18.38

3 Die Repair $15.01 $15.46 $15.92 $16.48 $17.06

4 Chain Operator $14.79 $15.23 $15.69 $16.24 $16.81 Furnace Operator Chain Assembler Shipper/Receiver Centerless Grinder

Operator

5 Pin CutoffOper. $14.69 $15.13 $15.58 $16.13 $16.69 Tumbler & Wash

Operator Rivet & Prestress

Operator Chain Checker Component Parts

Inspector Press Operator

6 Labourer/Janitor $14.21 $14.64 $15.05 $15.61 $16.16

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2. New employees, except those in an apprenticeship program approved by the Company, shall be hired at a rate thirty- five (35) cents below the regular rate for the job.

3. Progression to the regular rate will be made in three equal increments over a three month period.

4. The Company will provide preventative maintenance training for all machine operators.

5. Group Leaders will be paid thirty (30) cents above their normal hourly rate.

SCHEDULE "C"

It is hereby agreed between Borg-Warner Automotive (Canada) Limited and the International Association of Machinists and Aerospace Workers to modifY the collectiv.e agreement for the purposes of establishing a 4-day week, 1 0-hour afternoon shift (Shift B). It is agreed that the following articles are to be modified:

Schedule A, Article 2, Schedule A, Article 3, Article XI, Article XI,

"Shift Premium"; "Overtime"; "Paid Holidays"; "Bereavement Pay";

I. (a) The hours of work for "Shift B" will be from 3:30p.m. to 2:00 a.m., Monday through Thursday inclusive. (i) "Shift B" employees will be granted an additionallO minute rest period at 12 midnight.

(b) The 2nd shift premium will be applicable for all hours worked in "Shift B".

37

I I

l j

(c) Regular hourly rate will be paid for all hours worked on "Shift B".

(d) Employees on "Shift B" will be paid 1.5 times their hourly rate for all work performed in excess of 10 hours per day, Monday­Thursday inclusive.

(e) Employees on "Shift B" will be paid 1.5 times their regular rate for all hours worked on Saturday.

(f) Employees on "Shift B" will be paid 1.5 times their regular rate for all hours worked on Friday provided they have worked 40 hours, Monday to Thursday inclusive, or provided that they have not worked the 40 hours because of illness or absence substantiated to the Company's satisfaction.

(g) Employees on "Shift B" will be paid 2 times their regularly hourly rate for all hours worked on Sunday ..

2. Holidays

During weeks in which a holiday falls, employees on "Shift B" will be paid 8 hours at their regular hourly straight time rate for such holidays, and at the Company's discretion may schedule "Shift B" to allow for an additional32 hours of work, including, but not limited to scheduling "Shift B" to the regular afternoon shift.

3. Bereavement

Employees will be paid at 10 hours times the employees straight time hourly rate, per Article XIII of the Contract.

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4. (a) Employees on a 3 shift rotation will continue on their normalS­hour day schedule, Monday through Friday inclusive.

(b) Employees on the day shift will continue on their normal 8-hour day schedule, Monday through Friday inclusive.

It is understood that nothing in this agreement limits the Company in managing the workforce (Article II) or reverting back to the standard shifts.

If the Company changes "Shift B" to the standard 8-hour shifts, it will notify employees as far in advance as possible.

This agreement between the parties is made without prejudice or precedent on either party.

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APPRENTICESHIP PROGRAM

Industria) Mechanic (MiJJwrigbt)

1) The Company will detennine the number of employees who may apply for the "Industrial Mechanic (Millwright)" apprenticeship program at any one time. The number is subject to receiving the approval of the Apprenticeship Branch of the Ministry of Colleges and Universities

2) The Company will establish a new job classification called "Industrial Mechanic". Employees in the existing Maintenance­Journeyman classification will now be called "Maintenance" with a job evaluation point total of98 points.

Employees who are currently in the Maintenance-Journeyman classification will be given the initial opportunity to enter the apprenticeship training program by seniority. After the employees in the above mentioned classification have the opportunity to enter the apprenticeship, then the program will be opened to all employees via seniority.

In order for any employee to be able to enter the apprenticeship program the employee must pass a mechanical aptitude test provided by a learning institution (i.e. Fanshawe College).

3) A representative of the Ministry of Colleges and Universities will have to detennine the number ofhours of work experience training, if any, that they can apply towards the completion of the apprenticeship program, also whether any Certificates held, or schooling previously taken will be recognized.

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4) Employees who enroll in the apprenticeship program will enter the "Industrial Mechanic" classification as an apprentice until they receive a Certificate of Qualification as an Industrial Mechanic at which time they will be a fully qualified "Industrial Mechanic".

5) The scheduling of time away, during working hours, to participate in the formal education portion of the program, will be arranged by the Company. No more than two of the employees could be away from work at the same time.

6) The apprenticeship program will be run in conjunction with the Ministry of Colleges and Universities under the Apprenticeship and Tradesmen's Qualification Act

7) When the company accepts a new employee into the Industrial Mechanic apprenticeship program the employee will progress in pay from a starting rate which is 80% of the Industrial Mechanic rate and progresses in the following stages, the company will acknowledge the granted number of hours with respect to the pay increases as stated:

85% of Industrial Mechanic rate after completing the 1st 2,000 hours

90% oflndustrial Mechanic rate after completing the 2nd. 2,000 hours

95% of Industrial Mechanic rate after completing the 3rd. 2,000 hours

I 00% of Industrial Mechanic rate after completing the fourth 2,000 hour period and upon receiving the Certificate of Apprenticeship.

8) An employee who enters the apprenticeship program through job

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reclassification will be paid according to the schedule in (7), or at the rate of pay applicable for the classification from which (s)he came from, whichever is higher.

9) When required to attend courses of study during regular working hours the employee will be paid his/her regular rate of pay by the company.

1 0) Tuition fees which the apprentice is required to pay will be reimbursed by the Company upon successful completion of the course. The employee must submit proof that the course has been successfully completed prior to reimbursement. If the employee fails a course then (s)he may retake the course at his/her own expense.

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EXHIBIT A

MONEY PURCHASE PENSION PLAN FOR HOURLY EMPLOYEES

This pension plan is intended to provide a regular income after retirement for eligible hourly rated employees of Borg-Warner Automotive (Canada) Limited. This version of the pension plan is effective as ofDecember 31, 1991.

The Company will contribute 3% of base pay (straight-time earnings of hours worked including holiday, bereavement and vacation pay of these earnings) and participants will be required to contribute 1% of base pay to the MPPP for years 1 through 4. The Company will contribute 3.5% of base pay (straight-time earnings of hours worked including holiday, bereavement and vacation pay of these earnings) and participants will be required to contribute 1% of base pay to the MPPP for year 5 of the present contract only. In addition participants will be eligible to contribute a further 1% of base pay to the MPPP which the Company would match 1%. Participants will be able to contribute up to an additional 10% of base pay, without any company match.

The investment manager (SunLife) was selected by two representatives of the Company and two representatives ofthe Union.

Participants will choose how their own contributions and Company contributions will be invested. Up to four investment choices will be offered.

The plan will continue to be administered by the Company.

For more information about the plan refer to the SunLife booklet.

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INDEX

1 0-Hour Shift-Schedule"C". .. . .. .. .. .. ... ... ........ 3 7 Apprenticeship Program............................... 40 Arbitration.................................................... I 0 Bereavement Pay ........................................ .. Bulletin Board ............................................. . Cost of Living ............................................. . General ........................................................ . Grievance Procedure ................................... . Hours of Work- Schedule "A" ................... . Insurance ................................................... .. Leave of Absence ....................................... . Money-Purchase Pension Plan .................. .. Overtime .................................................... . Paid Holidays ............................................. .. Paid Lunch ................................................. . Pension ...................................................... . Posting and Transfers ................................. . Recognition Exclusions .............................. . Reporting-in Allowance ............................. . Seniority .................................................... . Shift Premium ........................................... . Strikes And Lock-outs .............................. .. Termination .............................................. .. Vacations .................................................. . Wages and Hours ...................................... . Wages- Schedule "B" .............................. .. Wash-up ...... : ............................................. .

44

21 II 28 22 8

31 13 12 43 32 18 35 27 24 1

34 3

31 12 29 19 21 36 35

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