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0 ••• •• ·.·. 'council· An SEIU Affiliate COLLECTIVE AGREEMENT Between: - and- AMHIL ENTERPRISES ("the Company") WORKERS UNITED CANADA COUNCIL on its own behalf and on behalf of ITS LOCAL 2715 ("the Union") Term: September 30th, 2016 to October 1st, 2019

An SEIU Affiliate COLLECTIVE AGREEMENT · Workers United Canada Council 2800 Skymark Avenue, Unit lOA Mississauga, Ontario L4W 5A6 Tel: (416) 510-0887 Fax: (416) 510-0891 Toll Free:

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Page 1: An SEIU Affiliate COLLECTIVE AGREEMENT · Workers United Canada Council 2800 Skymark Avenue, Unit lOA Mississauga, Ontario L4W 5A6 Tel: (416) 510-0887 Fax: (416) 510-0891 Toll Free:

• • 0 ••• •• • •

·····wP.~~~r!>·' >l.Jl)·i.~.~<rl.•···············.··· ;fZi)l)c:l~a. ·.·. 'council·

An SEIU Affiliate

COLLECTIVE AGREEMENT

Between:

- and-

AMHIL ENTERPRISES ("the Company")

WORKERS UNITED CANADA COUNCIL on its own behalf and on behalf of

ITS LOCAL 2715 ("the Union")

Term: September 30th, 2016 to October 1st, 2019

Page 2: An SEIU Affiliate COLLECTIVE AGREEMENT · Workers United Canada Council 2800 Skymark Avenue, Unit lOA Mississauga, Ontario L4W 5A6 Tel: (416) 510-0887 Fax: (416) 510-0891 Toll Free:

Workers United Canada Council

2800 Skymark Avenue, Unit lOA

Mississauga, Ontario L4W 5A6

Tel: (416) 510-0887 Fax: (416) 510-0891

Toll Free: 1-800-268-4064

www.workersunitedunion.ca [email protected]

My Steward is: Ferdinand Montes

Contact info: [email protected]

My Local President is: G. Pannu

Contact info: [email protected]

Page 3: An SEIU Affiliate COLLECTIVE AGREEMENT · Workers United Canada Council 2800 Skymark Avenue, Unit lOA Mississauga, Ontario L4W 5A6 Tel: (416) 510-0887 Fax: (416) 510-0891 Toll Free:

TABLE OF CONTENTS 1 : Purpose .................................................................................................................. 1 2: Scope and Recognition .......................................................................................... 1 3: Union Security ....................................................................................................... 1 4: Union Stewards and Committees .......................................................................... 2 5: Management Rights ............................................................................................... 5 6: No Strikes or Lockouts .......................................................................................... 6 7: Human Rights ........................................................................................................ 6 8: Grievance Procedure ............................................................................................. 6 9: Arbitration ............................................................................................................. 8 10: Policy Grievances .................................................................................................. 9 11: Discipline and Discharge ....................................................................................... 9 12: Labour Management Committee ......................................................................... 10 13: Health and Safety ................................................................................................ 10 14: Leave of Absence ................................................................................................ 12 15: Seniority ............................................................................................................... 13 16: Job Posting ........................................................................................................... 19 17: Wages .................................................................................................................. 20 18: Wage Progression ................................................................................................ 21 19: Employee Pay Cheques ....................................................................................... 22 20: Hours of Work and Overtime .............................................................................. 22 21 : Profit Sharing Plan .............................................................................................. 25 22: Benefits ................................................................................................................ 25 23: Designated Holidays ............................................................................................ 26 24: Vacation Pay ........................................................................................................ 26 25: Pregancy and Parental Leave .............................................................................. 28 26: Bereavement Leave ............................................................................................. 28 27: Jury Duty ............................................................................................................. 28 28: Workers United Education Fund ......................................................................... 29 29: Citizenship Day ................................................................................................... 29 30: Work Tools .......................................................................................................... 29 31: Duration ............................................................................................................... 30 APPENDIX "A" & "B" - Classification & Wage Tables ............................................ 31 APPENDIX "C" - Benefits .......................................................................................... 37 LETTER OF UNDERSTANDING- Packaging Employees ....................................... 39 AMENDMENT TO COLLECTIVE AGREEMENT ................................................... 40 LETTER OF UNDERSTANDING- Classifications ................................................... 42

Page 4: An SEIU Affiliate COLLECTIVE AGREEMENT · Workers United Canada Council 2800 Skymark Avenue, Unit lOA Mississauga, Ontario L4W 5A6 Tel: (416) 510-0887 Fax: (416) 510-0891 Toll Free:

ARTICLE 1 - PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the Union and the employees covered by this Agreement and to provide a mechanism for the prompt disposition of grievances and the negotiated working conditions set out herein. Both the Employer and the Union agree that joint discussion and negotiation are preferred means of resolving any disagreement. The Union recognizes that the business in which the Employer is engaged is highly competitive and that the Employer must be able to maintain an efficient operation and improve itself in a strong, competitive market and the Union agrees to support the Employer in obtaining these objectives.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of Amhil Enterprises, in the City of Mississauga, save and except office, clerical, sales and engineering staff and packaging coordinators and persons above the rank of packaging coordinator.

2.02 Bargaining Unit Work Supervisors will not perform work normally performed by bargaining unit members in excess of current practice if this would directly result in a lay-off.

ARTICLE 3 - UNION SECURITY

3.01 New employees shall be on probationary status for six hundred (600) hours worked from the most recent date of hiring. The discharge of an employee who has not completed the probationary period is a matter which falls outside the scope of this Agreement and shall therefore not be considered to be a dispute with respect to the interpretation, application, administration or alleged violation of this Agreement and shall not be grievable nor arbitrable. The Employer will comply with the Ontario Human Rights Code in making such decisions. Upon satisfactory completion of the probationary period, the seniority of an employee shall be effective from the most recent date of hire.

3.02 The Employer agrees to deduct from the wages of all employees in the bargaining unit (including probationary employees) an amount equal to the weekly dues as prescribed by the Union. The Employer shall remit this amount to the Union

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office monthly, not later than the fifteenth (15th) day of the month following the month for which such deductions are made. The Employer will provide with the remittance an alphabetic list of all employees from whom Union dues were deducted, specifying the amount deducted for each accompanied by a list of employees showing the reason why no dues were deducted.

3.03 The Union shall provide the Employer within sixty (60) days, written notice of any change in the amount of dues to be deducted from the bargaining unit employees and such notification shall be the Employer's absolute authority to make the deductions specified.

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

3.05 The Employer shall record the annual Union dues for each employee on the employee's T4-Form. It is the employee's obligation to advise the Employer of the employee's current address.

3.06 In the event of a lay-off, the Employer will provide notice and severance in accordance with the requirement of the Ontario Employment Standards Act.

ARTICLE 4 - UNION STEWARDS AND COMMITTEES

4.01 The Employer acknowledges the right of the Union to appoint or otherwise select from among the members of the Union who are seniority employees of the Employer, one Union Chairperson, one Chief Steward and not more than nine (9) Union Stewards for the purpose of representing employees in the handling of complaints and grievances.

4.02 The Union shall notify the Employer in writing of the name of each Steward and, where applicable, each Committee member, before the Employer shall be required to recognize any person so selected.

4.03 It is agreed that neither the Union nor Union members shall carry out Union business on Employer time or property other than as expressly provided in this Agreement.

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4.04 It shall be a continuous condition of employment with the Employer that all employees shall be members of the Union in good standing, and that all future employees who come within the scope of this Collective Agreement shall become members of the Union following the successful completion of their probationary period with the Employer, and thereafter shall remain members in good standing.

4.05 The Stewards and the Union Chairperson will do the work assigned to them by the Employer. When it is necessary to deal with matters under the Collective Agreement during working hours, they will not leave their work before obtaining the permission of the Supervisor in charge. It is agreed that only one Steward shall deal with a specific matter unless otherwise specified in the Collective Agreement. The Supervisor will be reasonable in considering such request. The Employer agrees that if such time is granted, the Steward, Union Chairperson, and grievor shall not suffer any loss of regular pay.

4.06 The Employer will, after a discussion with the Union, set a time for grievance meetings between the Employer and the Union with the operational needs of the plant being the major factor in selection of meeting times.

4.07 The Employer agrees to recognize and deal with a negotiating committee for the purpose of negotiating renewal agreements. The negotiating committee shall consist of not more than eight (8) seniority bargaining unit employees. In addition, the negotiating committee may also have a representative or representatives of the International Union as a member. For the next round of collective bargaining following this Collective Agreement, the Employer will pay members of the Union negotiating committee up to thirty (30) person days regular wages for time spent by such committee members in collective bargaining negotiations.

4.08 The Employer will provide a bulletin board in the lunchroom for the convenience of the Union in posting notices regarding official Union business. All such notices must be signed by the proper officer of the Union and submitted to the Manufacturing Manager of the Employer or designate for approval before being posted.

4.09 During an employment interview with prospective new employees, the Employer shall advise the candidate that a Collective Agreement is in effect. On the first day of a new employee's work, the Employer will introduce the employee to a Union Chairperson.

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4.10 An authorized representative of the Union shall have access to certain of the Employer's designated non-production areas when in the accompaniment of an authorized official of the Employer during working hours for the purpose of adjusting disputes, provided that the permission of the Employer is obtained beforehand. The Employer will be reasonable in considering such request. When the Union representative is present, the Union representative may also be accompanied by the Union Chairperson or a Steward. A private meeting place will be provided as required. The Union representative will sign the Employer's standard confidentiality agreement.

4.11 The Union Chairperson and one Chief Steward shall be at the top of the seniority list for the purposes of layoff and recall. The Employer agrees to provide the Union Chairperson the use of a meeting room and telephone during the Union Chairperson's paid lunch break to permit the Union Chairperson to attend to Union business. In addition, the Employer agrees to pay the Union Chairperson and the Union Chief Steward for clocked time outside of their regular hours, split between them and not to exceed a combined total of one-half (1/2) hour per regular work day (maximum 2.5 hours per week) plus up to four ( 4) hours per month at straight time rates for time spent on Union business on the condition that such hours shall not count for any calculation of overtime or any other premium.

4.12 The Employer will provide a non-exclusive private meeting area where the Union Chairperson and Stewards can meet with Union members. The Employer will also provide a wireless internet connection, a telephone with password protected voicemail and a locking file cabinet for use by the Union Chairperson and Stewards.

4.13 The Employer shall provide the Union with information relating to the following matters for employees within the bargaining unit on a half-yearly basis: a list of employees (alphabetized by last name, first name), showing their addresses, telephone numbers, classifications, seniority, rates of pay, and full-time or part-time status.

ARTICLE 5 - MANAGEMENT RIGHTS

5.01 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives of Management are retained by the Employer and remain exclusively and without limitation within the rights of the Employer and its Management and may be exercised by Management as it, in its discretion, sees fit.

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Without limiting the generality of the foregoing, the Employer's rights shall include the right:

(1) to maintain order, discipline and efficiency; to make, alter and enforce, from time to time, reasonable rules and regulations, policies and practices, to be observed by its employees; to discipline and discharge non-probationary employees for just cause.

(2) to select, hire and control the working force and employees; to transfer, assign, promote, demote, schedule and classify employees; to plan, direct and control its operations; to select and retain employees for positions excluded from the bargaining unit; to transfer employees into or out of the bargaining unit; to operate and manage the enterprise in all respects in order to satisfy its commitments and objectives.

(3) to determine the location and extent of its operations and their commencement, expansion, curtailment or discontinuance; the direction of the working forces; the work to be done; the products to be manufactured, merchandised and sold; the standards of performance; whether to perform or contract for goods and services; the schedules of work; job content and requirements; the qualifications of employees; the use of improved or changed methods and equipment; the number of employees needed by the Employer at any time and how many shall work in any job; the number of hours to be worked; starting and quitting time; methods to be used to ensure security of the Employer's property and generally the right to manage the enterprise and its business without interference are solely and exclusively the right of the Employer.

The Employer will not exercise its management rights contrary to any of the express provisions of this Agreement.

ARTICLE 6 - NO STRIKES OR LOCKOUTS

6.01 There shall be no unlawful strike or unlawful lockout during the term of this Agreement or any extension thereof.

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ARTICLE 7 - HUMAN RIGHTS

7.01 There shall be no discrimination, intimidation, harassment or coercion by the Employer or the Union or its members against any employee on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, same-sex partnership status, family status or handicap as these terms are defined or interpreted under the Ontario Human Rights Code.

7 .02 Grievances filed under this Article shall begin at Step 2. Grievances under this clause shall be handled with all possible confidentiality and dispatch.

7 .03 The Employer and the Union agree that neither party shall interfere with, coerce or discriminate against employees in their lawful right to participate or not participate in the Union's activities.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 The grievance procedures are among the most important matters in the successful administration of this Agreement. The Employer and the Union therefore agree that the designated grievance procedure shall serve as the principal means to be utilized by the grievor and the Union for the prompt resolution of a grievance arising in respect of the interpretation, application, administration or alleged violation of this Agreement. Prior to submitting a grievance, employees shall discuss their concern with their direct Supervisor and both the employee and the Supervisor shall make a good faith effort to resolve the issue immediately.

8.02 "Grievance" shall mean a complaint or claim concerning the discipline or discharge of a seniority employee, or a dispute with reference to the interpretation, application, administration or alleged violation of this Agreement.

References to "working days" in the grievance and arbitration procedure shall exclude Saturdays, Sundays, holidays and plant shut-down days.

8.03 The Employer shall be under no obligation to consider or process any grievance unless such grievance has been presented to the Employer at Step 1 of the grievance procedure within seven (7) working days from the time the circumstances upon which the grievance is based were known or should reasonably have been known by the grievor.

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8.04 Both parties agree that grievances are to be dealt with as expeditiously and efficiently as possible, however, the time limits may be extended by mutual agreement of the parties.

STEP 1: An employee having a grievance shall discuss the complaint with the employee's immediate Supervisor. The employee may choose to have the Steward contact the Supervisor instead. The Supervisor shall be notified within seven (7) working days from the time the circumstances upon which the grievance is based were known or should reasonably have been known by the grievor. The Supervisor will answer the employee by the end of the seventh (7th) working day following the presentation of the grievance.

STEP2: If the grievance is not settled at Step 1, the grievance shall be moved to Step 2 within seven (7) working days after the receipt of the Step 1 decision by being presented to the Manufacturing Manager within the aforesaid seven (7) working days. A meeting with the employee, the Steward and Manufacturing Manager will be arranged at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within seven (7) working days from the date the grievance is received by the Manufacturing Manager at Step 2. The Manufacturing Manager may invite other members of Management to be present at such meeting. The grievance shall be in writing and shall identify the specific section or sections of the Collective Agreement claimed violated, and shall be signed by the grievor and the employee's Steward and dated. The Manufacturing Manager will give a written reply by the end of the seventh (71h) working day following the date of the meeting.

STEP 3: If the grievance is not settled at Step 2, the Steward or the Union Chairperson may present the grievance to Human Resources within seven (7) working days following the receipt of the decision at Step 2. A meeting will be arranged which shall take place within seven (7) working days from the date the grievance is received at Step 3. Human Resources may invite other representatives of Management to be present at such meeting. The grievor, the Steward, and the Union Chairperson shall attend the meeting. The Union representative may also attend. Human Resources shall provide a written reply within seven (7) working days from the date of the meeting.

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ARTICLE 9 - ARBITRATION

9.01 In the event the grievance is not settled at Step 3, the matter may be referred in writing to arbitration by giving notice in writing to the other party within ten (10) working days frqm the receipt of the decision at Step 3.

The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single arbitrator selected by mutual agreement of the Parties. If the Parties are unable to agree on a single arbitrator within seven (7) working days, then either party may request the Ministry of Labour to appoint a single arbitrator. The arbitrator shall hear the case and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it.

9.02 In the alternative to this procedure, either party may refer the outstanding matter to expedited arbitration.

9.03 The Union and the Employer shall bear equally the fees and expenses of the arbitrator.

9 .04 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, or to add to, alter, modify or amend any part of this Agreement.

9.05 The time limits and other procedural requirements set out in Articles 8 and 9 are mandatory and not merely directory. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the times specified. A settlement at any step of the grievance procedure shall be final and binding upon both parties to this Agreement and upon any employee affected by it.

ARTICLE 10 - POLICY GRIEVANCES

10.01 The parties agree that a policy grievance may be filed by the Union or the Employer in writing within ten (I 0) working days from the time the circumstances upon which the grievance is based were known or should reasonably have been known to the grieving party. A policy grievance may be filed when an alleged violation occurs which is of common concern to all employees in the bargaining unit. The grievance shall be processed at Step 3 of

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the grievance procedure.

10.02 The provisions of Article 10.01 shall not be used by the Union to institute a grievance directly affecting an employee or group of employees which such employee or group of employees could themselves institute and the provisions of Article 8 hereof shall not be bypassed.

ARTICLE 11 - DISCIPLINE AND DISCHARGE

11. 01 No employee shall be disciplined or discharged without just cause.

11.02 A Union Steward will be present at any discipline meeting with the Employer unless the employee requests the Steward not attend. Failure to have the Steward present does not necessarily render the discipline void.

11.03 The Employer agrees that an employee shall have the right to see the employee's personnel file in the presence of a Human Resources representative up to once every six ( 6) months, and to have a copy of any information in the file upon request to a maximum often (10) individual documents.

11.04 An employee who is discharged or suspended shall have the right to request consultation with a Steward prior to leaving the workplace and such request shall not be unreasonably denied. Such request shall not be denied unless there is a possible risk to the safety of employees or the property of the Employer or a Steward is not reasonably available.

11.05 An employee who is suspended may file a grievance at Step 2 of the grievance procedure within seven (7) days after such suspension.

11.06 A claim by a seniority employee that the employee has been discharged without just cause, shall be treated as a grievance and shall commence at Step 3 of Article 8 provided a written grievance signed by the employee and the employee's Steward is presented to Management within five (5th) working days after the discharge.

11.07 Where an employee receive a discipline and receive no further discipline for a period of thirty (30) months from the date of the discipline, or the discipline is withdrawn by grievance or Arbitration procedure, such discipline shall be removed from the employee's record and shall not be used

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in any subsequent action or arbitration proceedings except for workplace violence, theft, bullying and harassment.

ARTICLE 12 - LABOUR MANAGEMENT COMMITTEE

12.01 The Employer and the Union may meet by mutual agreement as required to deal with issues of concern related to the bargaining unit. The Union Chairperson and three (3) Stewards shall attend such meetings and a Union representative may attend. Such meetings will be scheduled quarterly during working hours. For employees attending such meetings outside of their regular work hours, the Employer will pay a maximum of two hours straight time pay per person for attendance at each such meeting up to a maximum of four employees per meeting and four meetings per year, provided, however, that such hours shall not be counted for purposes of overtime calculation.

12.02 The parties agree that issues of work standards, staffing levels and workloads shall be discussed at this forum as is necessary in an effort to resolve issues of concern to the employees.

ARTICLE 13 - HEALTH AND SAFETY

13.01 The Employer has the primary responsibility for ensuring that safe conditions prevail within the workplace and to ensure compliance with the Ontario Occupational Health and Safety Act. The Employer shall ensure that employees are properly trained as required under the WHMIS Regulation, and that employees are properly trained who are driving fork lift trucks and an adequate number of employees are trained in first aid. Employees shall cooperate with the Employer in this endeavour.

13.02 The Employer shall reimburse permanent full-time seniority manufacturing employees and regularly scheduled part-time seniority employees who work two (2) scheduled shifts per week, up to $150.00 per year for the reimbursement of safety shoes. The Employer will consider paying the safety boot allowance more frequently, up to twice a year, for eligible and appropriate production and maintenance employees if such employees demonstrate that the safety boots are unsafe.

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13.03 The Employer shall reimburse employees up to $200.00 every two years with choices of frame category (the members has frame category from A, B, C, to D, E, F) for prescription safety glasses through Hakim, or some other provider designated by the Employer, if the employee is required to wear prescription safety glasses, and up to $60.00 every 2 years if the employee is not required to wear prescription safety glasses. If the employee is required to wear safety glasses, the Employer shall provide non-prescription glasses at no charge to the employee.

13.04 (1) The Employer shall recognize a Joint Health and Safety Committee comprised of equal representation of workers and management as set out in the Ontario occupational Health and Safety Act. The joint committee shall be co-chaired as required by the Ontario Health and Safety Act and shall meet at least quarterly or more frequently if desired and will be comprised of at least three (3) bargaining unit members.

(2)

(3)

(4)

Minutes will be taken of all meetings and copies will be provided to the Joint Health and Safety Committee members as well as being posted in the work place within two weeks after the monthly Joint Health and Safety Committee meeting.

Health and Safety Work Place Inspections will be held monthly. The inspection schedule shall be posted in the work place in January of each year. Special meetings will be scheduled as mutually agreed by the Joint Health and Safety Committee co-chairs.

The Health and Safety Committee shall have prep time up to one (1) hour for the quaffly Health and Safety meetings as per the Ontario Occupational Health & Safety Act.

13.05 Included in the mandate of the Joint Health and Safety Committee will be the function to deal with ergonomic and heat stress concerns, including considering job and equipment modifications. The Employer will ensure appropriate breaks are provided on hot days, along with access to drinking water. The Employer will accommodate employee needs in coping with extreme heat stress and will, at their request, excuse such employees from work in such situations.

13.06 If an employee is injured after commencing work and is thereby incapacitated from carrying out the employee's duties, the Employer shall arrange and pay for the cost of transporting the employee to and from hospital or to and from the employee's doctor. The Employer will pay the employee for any hours missed

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from the employee's regularly scheduled shift on the day of injury ifthe employee is unable to complete the employee's total shift.

13.07 All full-time seniority packers will receive an annual $85.00 voucher to be used towards the purchase of Employer approved smocks at an Employer approved supplier. (A $35.00 annual voucher for part-time seniority packers).

13.08 The Employer agrees that it will include the Workers' Health and Safety Centre on any bidding list for any on-site employee training. The Employer may choose the successful bidder, in its sole discretion.

13.09 The Employer must provide a written response to all Joint Health and Safety Committee member recommendations within 21 days. Any applicable timetable for action will be provided to the Joint Health and Safety Committee members.

13.10 The duties and responsibilities of Employer and worker members of the Joint Health and Safety Committee shall be governed by the Occupational Health and Safety Act.

13 .11 The Employer agrees the Union may designate members of the Joint Health and Safety Committee whose responsibilities will include, but not be limited to, accompanying any Ministry of Labour Inspector and participating in any health and safety related investigations.

ARTICLE 14 - LEAVE OF ABSENCE

14.01 The Employer may, subject to reasonable operational requirements, grant a leave of absence for legitimate personal reasons as follows:

(1) Employees with less than one year seniority will not be granted a leave of absence;

(2) Employees with one or more years but less than three years' seniority may be granted two (2) weeks' leave of absence;

(3) Employees with three or more years but less than five ( 5) years' seniority may be granted three (3) weeks' leave of absence;

( 4) Employees with five or more but less than ten (10) years' seniority may be granted up to four ( 4) weeks' leave of absence;

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(5) Employees with ten (10) or more years' seniority may be granted up to 8 (eight) weeks' leave of absence.

14.02 Such leave will be without pay. The employee must make application for such leave of absence in writing at least one month before the commencement of the requested leave. Such request must state the reason for, commencement of and duration of the requested leave.

14.03 When considering such requests the Employer will respond within five (5) days and when considering such requests, the Employer will take into consideration the date such request was made.

14.04 Any leave of absence granted by the Employer shall be in writing and shall set out the length of leave of absence granted, the purpose of the leave and the terms and conditions, if any, on which it is granted.

14.05 Union Leave Upon written request from the employee specifying the reasons for the request, with reasonable notice, the Employer shall consider granting an unpaid leave of absence for Union business subject to operational requirements. Such leave shall not be unreasonably denied. During a leave of absence under this Section, the employee will maintain and accumulate seniority. The total of such leave for all employees shall not exceed 20 days per year.

ARTICLE 15 - SENIORITY

15.01 Seniority is defined as the length of continuous service with the Employer. There shall be two seniority lists: a full-time seniority list and a part-time seniority list. In the application of seniority for all purposes, including situations of postings and lay-offs, full-time employees shall be considered senior to part-time employees. If a part-time employee successfully becomes a full-time employee, such employee, after entering the full-time position, shall be credited with pro-rata recognition of part-time seniority for part-time work after February 121h,

2007 whereby such part-time hours worked will be pro-rated to their full-time equivalency.

15 .02 A seniority employee shall lose sen10nty standing and employment and the employee's name shall be removed from the seniority list for any of the following reasons:

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(1) ifthe employee voluntarily quits employment with the Employer;

(2) if the employee is discharged for just cause and such employee is not reinstated pursuant to the provisions of the grievance procedure herein;

(3) if an employee who is recalled to work after a lay-off fails to return to work within four ( 4) days following notice of such recall unless the employee provides reasonable documentary evidence to justify such failure to return to work. In such event, the employee will be eligible for the next recall;

( 4) if the employee overstays a permitted leave of absence without securing extension of such leave of absence from the Employer or without providing a reasonable justification for such extension. The employee shall provide reasonable documentary evidence to substantiate such absence;

(5) ifthe employee is absent from work for three (3) or more consecutive days without a reasonable explanation. The employee will provide reasonable documentary evidence to substantiate such absence if requested by the Employer;

( 6) in the case of a part-time employee not performing work for the Employer for a period of three (3) months except in cases of legitimate, verified illness or authorized leave;

(7) if a full time employee is laid off and not recalled within a period of twelve (12) months and in such cases seniority will continue to accrue for the term of the lay off only and group life and health benefit coverage will also continue for three (3) months following the date of lay off.

15.03 An up-to-date seniority list will be posted semi-annually in a central location. Copies of the list will be made available to the Union.

15.04 The parties recognize that there are periods of time within the year where there are significant increases in production volume. In such instances, the Employer shall offer the extra hours of work to the part-time employees by seniority. If a part-time employee works on average greater than 24 hours per week for a period of four ( 4) months, the position shall be posted as a full-time position. The Employer may retain the part-time employee in the position for a further one (1) month period while the posting process is completed. Ifthe part-time employee is the successful applicant, the employee's full-time seniority date will be back-dated to the date the employee began working such full-time hours. In addition, any applicable waiting period would be waived for benefits and any

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profit sharing plan; however, the waiting period for the pension plan will commence at the time the employee accepts the posting offer.

15.05 If a position becomes available, a part-time employee who wishes to work full-time will be given preference over a new applicant where the part-time employee has the qualifications and ability to perform the duties of the position.

15.06 Work Shortage - Packaging Employees

The parties agree that these principles will apply regarding work shortage for packaging employees"

Seniority will be respected subject to the following: Work shortage, changeovers or equipment failures during a regularly scheduled eight (8) hour shift during the work week may result in the displacement of employees from current shift to the subsequent shift for day and afternoon shift employees, based on seniority.

Where work is subsequently available, employeeswho have previously lost hours will be given the opportunity to go on the call-in-list for make-up work within same pay period as the loss, in accordance with the Company's call in procedure. The Company will notify the Union of any change to the call-in procedure.

Employees disgnated as day shift as of the date of the ratification of this collective agreement, and subsequently displaced to afternoon shift, will be given the opportunity to return to day shift in accordance with the Company's call-in procedure shift.

The Company will maintain a list of Back-Up Packaging Leads. When the Company requires an extra Packaging Lead to fill a need on a particular shift on a particular day, the Company will select from the Back-up list the senior person working on that shift on that day.

Where a full time employee will lose four ( 4) hours or more of the regularly scheduled eight (8) hours shift during the work week due to a shortage of work; a changeover; or an equipment failure, the following procedure will apply:

(1) Seniority employee(s) will be automatically scheduled on the next shift, that is, day shift employee( s) will be scheduled on the afternoon shift and afternoon shift employee(s) will be scheduled on the night shift. Those

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employee( s) with the lowest seniority will be advised not to report to work.

(2) Seniority employee(s) shall immediately accept the shift that is being offered.

(3) Seniority employee(s) will be allowed to switch shifts with another employee for no more than one (1) week under this procedure.

( 4) Seniority employee( s) shall return to their respective shift( s) when required, which could be the next day. Additionally, where there is a cancellation for the respective shift(s), the next seniority employee(s) who belongs to that shift shall come in to work and not be allowed to work another shift.

Where a full time employee( s) will lose less than four ( 4) hours in a shift due to a changeover or an equipment failure, the following procedure will apply:

(1) The seniority employee(s) will be allowed to make up lost hours on another shift, only if work is available, on said shift. Make-up hours will not result in overtime for said employee(s).

(2) Said seniority employee(s) will be allowed to work, to make up lost hours, before a seniority employee(s) who is on lay off.

15 .07 Reporting Allowance

In the event that an employee is scheduled to report for work on his/her regular shift, without having been notified via voicemail or cell phone, at least 3 hours prior to the start of their shift not to report and no work is available, will be paid the equivalent of four (4) hours at his/her regular rate of pay in lieu of work. This provision shall not apply when there is a lack of work due to a situation beyond the control of the Employer (a machine breakdown is deemed, for purposes of this section, not to be beyond the Employer's control). The Employers retained records of notification will be used to verify that the call was made. In the case of employees being sent home prior to the end of a shift between 11 :OOPM and 7 :00 AM, the Employer will provide transportation.

15.08 Currently, there are five departments:

(i) Quality Assurance

(ii) Packaging

(iii) Production

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(iv) Maintenance

(v) Warehousing 15.09 Where a full-time employee is laid off, beyond 40 hours in a week, the following

procedure will apply:

(1) Probationary employees will be laid off first; thereafter,

(2) Employees with the least full-time seniority will be laid off providing the remaining employees are qualified to do the work required.

(3) Before being laid off, a full-time employee shall have the option to bump a more junior employee in another job classification of equal or lower rating, providing such employee is qualified to do the work required. In addition, full-time employees may exercise his or her right to bump a part-time employee in the same or lower job classification.

( 4) In the event an employee bumps into a lower rated job, the employee shall be paid the applicable rate for the lower rated job.

( 5) As a result of such work reduction, the remaining employees with the least seniority may be required to change their shift. In this situation the employee must confirm their acceptance of the shift change within twenty-four (24) hours from the time of notification. Failure to do so will result in the employee being laid off.

(6) Full-time employees on lay-off will have the option to work additional hours normally filled by less senior full-time employees, casual part-time employees or regular part-time employees. These shifts will be filled, based on seniority, providing the employee is qualified to do the work required.

15.10 Where a regular part-time employee is laid off beyond two (2) shifts in a week, the following procedure will apply:

(1) Part-time probationary employees will be laid off first; thereafter,

(2) Employees with the least regular part-time seniority will be laid off, providing the remaining employees are qualified to do the work required.

(3) Before being laid off, a regular part-time seniority employee shall have the option to bump a more junior regular part-time employee in another job classification of equal or lower rating, providing such employee is qualified to do the work required.

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( 4) In the event an employee bumps into a lower rated job, the employee shall be paid the applicable rate for that lower rated job.

(5) Regular part-time employees on lay-off will have the option to work additional hours normally filled by casual part-time employees. These shifts will be filled by full-time employees first and then regular part-time employees, based on seniority, providing the employee is qualified to do the work required.

( 6) As a result of a layoff, the remaining regular part-time employees with the least seniority may be required to change their shift. In this situation the employee must confirm his or her acceptance of the shift change within twenty-four (24) hours. Failure to do so will result in the employee being laid off.

15 .11 Employees shall be recalled by seniority provided they are qualified to do the work.

15 .12 In the event of a layoff, the Employer will consider written employee requests to volunteer for layoff, which shall be subject to the following conditions:

(1) Plant manager must approve the employee request, in writing.

(2) The employee must commit to a date for which they would be available for recall.

(3) In the event of recall, the employee will be bypassed, unless no other employees are available for recall.

( 4) In cases of such voluntary layoff and recall, the conditions of Article 15.02 continue to apply.

15 .13 In the event an employee transfers to a position outside the bargaining unit, during this Collective Agreement, but later returns to the bargaining, the employee shall be credited with full seniority for the time spent within the bargaining unit and for time spent outside the bargaining unit for up to twelve months.

15 .14 Subject to Section 15 .02, employees shall continue to accumulate seniority during vacations, approved leaves of absence, jury duty, bereavement leave, layoffs, pregnancy and parental leave, compensable injury, medical leave-and Union leave.

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15 .15 Without limiting management's right to set general and specific work schedules, the Employer agrees to post the general work schedule and, where possible, give advance notice of changes to the general work schedule.

The current work schedule is set out as follows:

Eight Hour Shift Schedule:

• Day Shift: 7:00 a.m.- 3:00 p.m. • Afternoon Shift: 3:00 p.m. - 11 :00 p.m. • Night Shift 11 :00 p.m. - 7:00 a.m.

Twelve Hour Continental Schedule

• 7:00 a.m. - 7:00 p.m. • 7 :00 p.m. - 7 :00 a.m.

15.16 Ifthe Employer implements a new job classification, it will advise the Union in advance and discuss the appropriate rates of the job.

15 .1 7 If a recall is expected to last less than 3 0 days, senior employees on the recall list will be given the option of bypassing the recall. Should no senior employee accept the recall then the least senior employee who has the skill and ability to do the available work shall be required to be recalled. In such event the employee bypassing recall may not exercise bumping rights, but must wait for a subsequent recall. Notwithstanding the foregoing, section 15.02 shall continue to apply.

15 .18 Preferential Hiring

(a) Should the Employer find it necessary to increase the workforce, following the recall of laid off employees in accordance with the Collective Agreement, and after complying with any applicable job posting requirements under the Collective Agreement, it shall do so from external applicants and a preferential hiring list made up of the full time and part time employees who have exhausted their recall rights.

(b) Hiring from the preferential hiring list shall be on the basis of their seniority at the time of termination. To obtain and maintain status on the preferential hiring list, employees will provide an application/resume, upon leaving the company and must provide an updated application/resume every six months.

( c) Any employee re-hired must meet the screening criteria in place at the time

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of recruitment. Previous employees who are successful candidates will be re-hired preferentially, by seniority, over new potential candidates provided they are equal to or better qualified in skills, knowledge and have the capability to perform the full scope of the job expectations.

( d) It is understood that rehired employees will establish a new seniority date (their date of hire). Hiring will be subject to the standard probationary period.

ARTICLE 16 - JOB POSTING

16.01 "Permanent vacancy" as used in this Agreement shall be deemed to mean a vacancy which the Employer desires to fill and which arises as a result of:

( 1) the death, discharge, retirement or resignation of an employee; or

(2) the creation of a new bargaining unit job by the Employer.

16.02 The Employer agrees to post all permanent job vacancies on the Employer's Posting Bulletin board for ten (10) calendar days (excluding plant shut down days). The job posting shall contain the following information: title of the job, wage range, current hours of work, and required qualifications. During the posting period and until the vacancy is filled, the Employer may temporarily fill the job as it wishes. In making its selection, the Employer will consider qualifications, ability, skill, and seniority. Where the foregoing factors, with the exception of seniority, are relatively equal in the reasonable judgement of the Employer, the senior applicant will be offered the job. Assuming the applicant is qualified, the Employer will follow a system of preference: first preference is full-time employees, second preference is part-time employees, last preference is an outside hire. In the event there are no suitable applicants, the Employer may fill the vacancy from any source. An employee will be limited to one (1) successful bid in a twelve (12) month period. All employees interested in the job vacancy must make application within the ten (10) day period that the vacancy is posted. Such job postings shall apply to subsequent vacancies created by the filling of the original vacancy.

16.03 A successful applicant, upon commencing work after the posting, will be subject to a 30 working day trial period. During such trial period, the Employer will assess whether the successful applicant has demonstrated the ability to perform the requirements of the job. During this trial period, either the Employer or the

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employee may initiate the employee's return to the employee's previous job. The Employer shall give a fair and reasonable opportunity to learn the job during the trial period.

16.04 No applications by a non-employee shall be considered until all employee applications have been considered.

16.05 Where an employee is bidding on a posting within the employee's classification, the job will be awarded to the senior applicant within the classification.

16.06 For a temporary vacancy expected to last for three months or more, the Employer will follow the posting procedure described above and shall inform employees that the position is temporary.

16.07 The Employer shall post the name of the successful applicant within five (5) working days. Unsuccessful applicants will be provided with an explanation as to why they were not successful, if requested by the applicant.

ARTICLE 17 - WAGES

17.01 The Employer agrees to pay and the Union agrees to accept for the term of this Agreement the wages and premiums as set out in the Wage Appendix "A" attached hereto and forming part of this Agreement for the positions of General Labourer and Uniform Cleaner/Helper. All other classifications are governed by Article 18 (including Wage Appendix "B").

17.02 When an employee is temporarily transferred to a higher rated job, the employee shall be paid the rate of the job to which the employee is transferred.

17.03 When an employee is temporarily transferred to a lower rated job other than as a result of being so transferred to avoid a layoff or as a result of exercising seniority during a lay-off or at the request of the employee, the employee shall be paid the rate of the employee's regular job during the period of such temporary transfer. In all other cases of transfer, either temporary or permanent, the employee shall be paid at the rate of the job to which the employee is transferred.

17.04 Full-time and part-time employees working in the same classification will be eligible to receive the same payments in accordance with Wage Appendix "A" or "B".

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17.05 Employees currently at rates above the rate for their classification in Wage Appendix "B" will be red-circled until the rate in the Collective Agreement reaches the employee's rate.

Four red circle employees will receive two hundred ($200.00) dollars signing bonus after the ratification vote.

ARTICLE 18 - WAGE PROGRESSION

18.01 Employees in classifications other than General Labourer and Uniform Cleaner/Helper will be paid in accordance with this, Article 18, as set out in Wage Appendix "B".

18.02 Employees will advance within their classification based on the acquisition of required skills. The Employer shall set the skill level for each required progression in the classification. This skill level requirement will then be reviewed with the Union. The Employer shall consider the views provided by the Union. The skills evaluation process will be objective with well defined and measurable skills for each progression level.

18.03 Disagreements regarding the setting of progression levels will be resolved at a meeting with Human Resources, Management and the Union. The Employer will act reasonably and give due consideration to representations made by the Union.

18.04 If an employee fails to demonstrate the skills commensurate with the progression level currently held by the employee, an assessment process will be conducted to assess the employee's skill relative to the employee's progression level. If the employee's skills are not up to the standard, a development and evaluation plan will be prepared to assist the employee in achieving the requisite skills for the progression level. Such employees will be given a reasonable opportunity to acquire the skills necessary to remain at the progression level currently held and will be re-assessed within 500 working hours. Employees who continue to fail to possess the requisite skills after this second evaluation will be provided with a revised development and evaluation plan and shall be given an additional 500 working hours to acquire the requisite skills. If the employee continues to fail to possess the requisite skills, the development and evaluation process will be repeated for a further 500 hours until the employee achieves the requisite skills for the progression level. Employees shall not be moved to a lower progression level within the classification as a result of this process. If the Employer fails to give

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such employees a reasonable opportunity to receive the training as required pursuant to this, Article 18.04, then the affected employee shall move to the next progression level upon completion of 500 working hours.

18.05 The Employer retains the right to determine if any further existing or new classifications should be placed under the skills based wage progression system of this, Article 18. Before doing so, the Employer will advise the Union and consider the views provided by the Union.

18.06 The Union will receive quarterly reports on progression and training of employees under Article 18. As well, the employee will be given a copy of the assessment review.

18.07 To assist employees in the transition to the skills matrix, the Employer agrees to the transitional provisions contained in Appendix "C".

ARTICLE 19 - EMPLOYEE PAY CHEQUES

19.01 All employees shall be paid weekly by direct deposit.

19 .02 Accompanying each payment of wages shall be a statement identifying the employee, regular hours worked, overtime hours worked, the total earnings, pay period and the amount of each deduction and net earnings, as well as the Union dues deduction.

ARTICLE 20 - HOURS OF WORK AND OVERTIME

20.01 The provisions of this Article 20 are not to be interpreted as a guarantee of, or limitation upon, the hours of work to be done per day or per week or otherwise, nor as a guarantee of working schedules but shall serve to assist the parties in the computation of regular pay and overtime pay. For existing full time employees working in the classifications of Packaging Lead and Packer, the schedules will not be changed to a rotating or continental shift for the duration of the Collective Agreement.

20.02 For the 8 hour shift schedule there shall be paid breaks of 50 minutes including one 30 minute meal break. For the 12 hour working shift ther.e will be 60 minutes of paid breaks including one 30 minute meal break. If employees are required to

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leave the workplace during such breaks, they must receive their Supervisor's approval and, if such approval is received, the employees shall clock out and will not be paid for the time they are absent from the workplace. The employer shall provide all lunch breaks prior to the commencement of the fifth hour of the shift. If the employee work more than twelve (12) hours shift, the employee will get an additional fifteen (15) minutes break.

20.03 All employees who work two or more hours of overtime shall be granted a 10 minute break period. Subsequent to such two hour period of overtime, employees will be entitled to a further 10 minute break for each additional two hours of work thereafter.

20. 04 Overtime at the rate of time and one half ( 1 Yi) the employee's regular rate of pay will be paid to full-time employees for all hours worked in excess of forty ( 40) in the week. Shift premiums only apply to eight (8) hour shift employees~ There shall be no pyramiding or compounding of overtime and/or other premiums. In view of the requirements of the Employer to satisfy its customers, employees will be required to work a reasonable amount of overtime and the employees agree to co-operate with the Employer in this regard.

20.05 Holiday pay for a given designated holiday for full time employees will be calculated at the employee's regular base rate and for part time employees will be calculated in accordance with the calculation set out in subsection 24(1) of the Ontario Employment Standards Act.

20.06 Time worked on a designated holiday will be paid at the rate of 1 Yi times the employee's base rate. The Employer may require employees to work on designated holidays, if operational requirements necessitate. In addition to such pay for work on a designated holiday, employees will receive holiday pay as set out in section 20.05. Employees will not receive a substituted day.

20.07 If a public holiday falls on a day that would not ordinarily be a working day for an employee or a day on which the employee is on vacation, the Employer will substitute another day that would ordinarily be a working day for the employee to take off work and for which the employee will be paid public holiday pay as ifthe substituted day were a public holiday.

20.08 Overtime opportunities will be equitably distributed amongst the employees who normally perform the work required on a rotating basis beginning, upon ratification, with the most senior employee. Any employee refusing overtime

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work shall have the offered time recorded as time worked for the purposes of determining overtime distribution. Employees may advise their Supervisor if they are unavailable for overtime work due to scheduled medical appointments, providing the employee gives notice as far in advance as possible, and in such circumstances, the employee will not be recorded as having refused an overtime opportunity because the employee was attending such scheduled medical appointment.

20.09 Should the Employer make an error in the distribution of overtime; as rectification of the error, the employee shall be given the next overtime opportunity. Should a second error occur prior to rectification, the employee shall have additional opportunity to the next available overtime. Should a third error occur prior to the adjustment then the employee shall be paid all monies lost as a result of this error.

20 .10 If the Employer decides to have work performed on an overtime basis, and is unable to fill the work with employees who normally perform the work, the Employer will offer the work to other bargaining unit employees who are available and have the ability to perform the work.

20.11 Employees who are regularly scheduled to work and do report for work will be paid a minimum of four ( 4) hours at straight time (with one ten (10) minute break) except in the following circumstances:

(1) the employee has received prior notice not to report for work;

(2) the employee is prevented from working due to conditions beyond the Employer's control (a machine breakdown is deemed, for purposes of this section, not to be beyond the Employer's control); or

(3) the employee chooses to cease work prior to the completion of four ( 4) hours' work.

20.12 Employees may arrange among themselves to switch shifts for personal reasons subject to the approval of the employee's Supervisor. Such shift changes will not result in additional overtime or additional premium payments and the request will not be unreasonably denied.

20 .13 If possible, the Employer will give employees five days' notice of a planned shut-down.

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20.14 Health and Safety Members, Stewards and Union Chairpersons who are not scheduled to work but are required to come in to participate on behalf of the Union in a meeting with the Employer, that the employer scheduled, shall be compensated a minimum of three (3) hours for attending.

ARTICLE 21 - PROFIT SHARING PLAN

21.01 Employees shall cease to participate in the Profit Sharing Plan as of Sept 30, 2010. Employees shall receive any pro rata entitlement in accordance with the terms and conditions of the plan.

ARTICLE 22 - BENEFITS

22.01 Notwithstanding anything to the contrary contained in this Agreement, the benefits and plans of insurance hereinafter referred to are qualified in their entirety by reference to the underlying policies and contracts of insurance or statutes or regulations. The terms of any contract statute or regulation with respect thereof by any insurance agency or governmental agency shall be controlling in all matters pertaining to qualifications of employees for benefits thereunder and in all matters pertaining to the existence of and extent of benefits and conditions.

22.02 The Employer's only obligation hereunder is to pay the amount or portion of premiums contracted for but the Employer shall not be considered to be an insurer with respect to any benefit or plan referred to herein. An employee's benefit coverage shall cease if the employee has been absent for medical reasons for one (1) year.

22.03 The Employer agrees to pay premiums for the existing benefits including the Pension Plan (as set out in Appendix "D", which forms part of the Collective Agreement) for full time employees after such employees have passed the probationary period.

22.04 The Employer will provide information booklets containing a description of the various benefit plans.

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ARTICLE 23 - DESIGNATED HOLIDAYS

23.01 The following days shall be observed as designated holidays:

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day Family Day

23.02 Article 23.01 does not apply to an employee who:

(1) without reasonable cause, fails to work their entire shift for the scheduled regular day of work preceding or their entire shift for the scheduled regular day of work following a designated holiday;

(2) has been scheduled to work on a designated holiday and who, without reasonable cause, fails to report for and perform the work

(3) All the employees will receive four hours pay for X-Mas (Christmas Eve).

23.03 It is agreed that if a designated holiday falls on a day other than Monday or Friday, the Employer may substitute such designated holiday to a Monday or a Friday.

ARTICLE 24- VACATION PAY

24.01 For the purpose of this Article 24, the vacation year shall be from July 1 to June 30. Vacation pay is calculated as a percentage of gross earnings accumulated over the twelve (12) month period commencing July 1 of the previous calendar year through to June 30 of the current calendar year.

24.02 An employee will be paid vacation pay entitlement by separate pay in July of each year.

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24.03 Part-time employees will be paid their vacation pay in July of each year and such vacation pay will be calculated in accordance with 24.04.

24.04 Every employee on the payroll of the Employer as of July 1 in any year shall be entitled to annual vacation pay on the following basis:

(1) Employees who have completed less than one (1) year's continuous service as of July 1 shall receive vacation pay in accordance with the provisions of the Ontario Employment Standards Act;

(2) Employees who have completed one (1) year but less than five (5) years of continuous service as of July, shall receive two (2) weeks' vacation pay of four percent (4%) of the employee's earnings inclusive of vacation pay in the twelve (12) month period ending June 30;

(3) Employees who have completed five (5) but less than twelve (12) years of continuous service as of July, shall receive three (3) weeks' vacation with pay of six percent (6%) of the employee's earnings inclusive of vacation pay in the twelve (12) month period ending June 30;

( 4) Employees who have completed twelve (12) but less than twenty (20) years of continuous service as of July 1 shall receive four ( 4) weeks' vacation with pay of eight per cent (8%) of the employee's gross earnings inclusive of vacation pay in the twelve (12) month period ending June 30;

(5) Employees who have completed twenty (20) years of service as of July 1, shall receive five ( 5) weeks vacation and vacation pay of ten percent (10%) of the employee's earnings inclusive of vacation pay in the twelve (12) month period ending June 30.

24.05 Vacation requests must be submitted by employees to the Employer in writing by March 1. For vacation requests relating to vacation in January or February, the vacation request is due no later than December 1 of the preceding calendar year. Vacation will be scheduled by the Employer on a seniority basis, subject to operational requirements. Employees who make a vacation request after March 1, will be given vacation but placed on the vacation schedule subject to operational requirements. Vacations in excess of two (2) consecutive weeks are subject to management's discretion.

24.06 Up to two (2) weeks vacation earned in the current vacation year may be carried over to not later than March 31 of the following year.

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ARTICLE 25 - PREGNANCY AND PARENTAL LEAVE

25.01 Pregnancy and parental leave shall be as set out in the Ontario Employment Standards Act.

ARTICLE 26 - BEREAVEMENT LEA VE

26.01 A seniority employee who suffers a loss in his immediate family will be granted, up to three (3) days' leave of absence with pay. "Immediate family" for purposes of this Article 26 shall mean the employee's father, mother, spouse, child, brother, sister, grandparent or grandchild.

26.02 In the event of the death of other related persons, an employee will be granted leave, with pay, of one working day, to attend the funeral/memorial. In the case of a memorial, the bereaved shall notify the employer and if possible provide documentary evidence. Other related persons are parents-in-law, brother-in-law, sister-in-law, aunt and uncle. In the case of parents-in-law, the entitlement shall be two working days.

26.03 The employee shall not receive any additional pay because the death and/or funeral/memorial occurred on a designated holiday, during his vacation or during any leave of absence or while receiving Worker's Compensation payments or disability pay.

ARTICLE 27 -JURY DUTY

27.01 Each employee who is summoned to and reports for jury duty, as prescribed by applicable law (subject to the eligibility requirements set out below), shall be paid by the Employer the difference between the employee's regular base rate exclusive of premiums for which the employee otherwise would have been scheduled to work and the daily jury duty fee paid by the Court. The Employer's obligation to pay an employee for jury duty under this section is limited to a maximum of eighty (80) hours in any calendar year, and in order to receive payment under this section, an employee must meet all of the following eligibility requirements:

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(1) the employee shall have given twenty-four (24) hours' notice to the Employer that the employee has been summoned for jury duty;

(2) the employee shall furnish satisfactory evidence to the Employer that the employee reported for and performed jury duty on the days for which the employee claims payment;

(3) the employee would otherwise have been scheduled to work for the Employer on the day for which the employee claims payment.

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ARTICLE 28 - WORKERS UNITED EDUCATION FUND

28.01 The Employer will contribute $2,000.00 per contract year to the Workers United Education Fund.

ARTICLE 29- CITIZENSHIP DAY

29.01 An employee will be eligible to receive a day off in order to attend their citizenship ceremony and be paid their regular wages upon proof of attendance.

ARTICLE 30 - WORK TOOLS

30.01 "The Employer and the Union agree on the following protocol with respect to work tools:

(1) The Employer will establish an approved list of tools and tool manufacturers;

(2) If a tool is damaged at the workplace, the Employer will replace the tool with a comparable tool from the approved list provided the employee returns the damaged tool to the Employer;

(3) The tool will be replaced within two weeks of the employee returning the damaged tool;

( 4) The Employer will provide a secured and monitored location for employees to store their tools;

( 5) When an employee first enters the Mechanic or Millwright classification (for new hires, after the completion of the probationary period), the Employer will pay the employee a two hundred ($200.00) dollars tool allowance. An additional two hundred ($200.00) dollars will be paid to Millwright only in their second year in the classification.

The existing Millwright and Senior Mechanics will get a one hundred and fifty ($150.00) dollars for tool allowance at the ratification vote.

(6) When an employee first enters the Operator or Process Technician classifications, the Company will provide necessary tools. For those already in the classification upon ratification of this agreement, the Company will replace necessary tools as required.

(7) The employee is responsible for the maintenance and security of such tools.

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ARTICLE 31 - DURATION

31.01 This Agreement shall be in full force and effect from September 30th, 2016 until October 1st, 2019 and from year to year thereafter unless either party gives notice in writing to the other of termination or of amendment not more than ninety (90) days and not less than thirty (30) days prior to the date of expiration.

The Company will contribute one hundred and fifty ($150.00) dollars for printing of Collective Agreement at the ratification vote.

All the active Employees will receive one hundred and twenty-five ($125.00) dollars lump sum bonus at the ratification vote.

AMHIL ENTERPRISES

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Workers United Canada Council on its own behalf and on behalf of its Local 2715

~'

IV~ ~I '

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Wage Appendix "A" and "B" (Effective October 1, 2016)(Wage lncreases:1.75%) Classification (Appendix "A") Probationary 1st Progression 2nd Progression End of Progression

Level Time Based Time Based Time Based

General Labourer -'f:>/c/. 77 ~ $16.16 $17.53 $18.98 Uniform Cleaner and Helper $13.97 $14.71 Maximum Working Hours in Time Based Progression 500 HOURS 500 HOURS 500 Hours

Classification Probationary 1st Progression 1st Progression 2nd Progression 2nd Progression 3rd Progression End of (Appendix "B") Level Time Based Skills Based Time Based Skills Based Skills Based Progression

Skills Based

Process Operator $16.91 $17.53 $18.98 $20.54 $22.41 Senior Process Operator1· $22.41 $23.17 $24.23 Process Technician $22.68 $23.26 $24.43 $25.59 $26.75 Mechanic $22.41 $23.27 $24.30 $25.37 $26.50

Production Packer $13.97 $14.71 $15.87 $16.20 Packaging Lead $16.20 $16.91 $17.54

Quality Assurance $18.98 $19.59 $21.06 $22.59 $24.26

Millwright Apprentice2· $20.54 $22.41 $22.23 $25.80 $27.39 Millwright $26.30 $27.39 $28.49 $29.62 $30.86 Senior Maintenance Mechanic $29.06

Warehouse Operator $16.16 $17.11 $18.06 $18.98 Senior Warehouse Operator1· $18.98 $19.30 $19.74 Maximum Working Hours in Time 500 HOURS 500 HOURS Based Progression

Notes 1. 2.

Prerequisite for senior positions is meeting all qualifications for top rate status in the base position Progression Skills assessment and times as per the Ministry guideline

Shift Premiums 1500 hours to 2300 hours Shift Premium $0.50 2300 hours to 0700 hours Shift Premium $0.70 Temporary Supervisor Premium $1.00

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Wage Appendix "A" and "B" (Effective October 1, 2017)(Wage Increases: 2%) Classification (Appendix "A") Probationary 1st Progression 2nd Progression End of Progression

Level Time Based Time Based Time Based

General Labourer $15.07 $16.48 $17.88 $19.36 Uniform Cleaner and Helper $14.25 $15.00 Maximum Working Hours in Time Based Progression 500 HOURS 500 HOURS 500 Hours

Classification Probationary 1st Progression 1st Progression 2nd Progression 2nd Progression 3rd Progression End of (Appendix "B") Level Time Based Skills Based Time Based Skills Based Skills Based Progression

Skills Based

Process Operator $17.25 $17.88 $19.36 $20.95 $22.86 Senior Process Operator1· $22.86 $23.63 $24.71 Process Technician $23.13 $23.73 $24.92 $26.10 $27.29 Mechanic $22.86 $23.74 $24.79 $25.88 $27.03

Production Packer $14.25 $15.00 $16.19 $16.52 Packaging Lead $16.52 $17.25 $17.89

Quality Assurance $19.36 $19.98 $21.48 $23.04 $24.75

Millwright Apprentice2· $20.95 $22.86 $22.67 $26.32 $27.94 Millwright $26.83 $27.94 $29.06 $30.21 $31.48 Senior Maintenance Mechanic $29.64

Warehouse Operator $16.48 $17.45 $18.42 $19.36 Senior Warehouse Operator1· $19.36 $19.69 $20.13 Maximum Working Hours in Time 500 HOURS 500 HOURS Based Progression

Notes 1. 2.

Prerequisite for senior positions is meeting all qualifications for top rate status in the base position Progression Skills assessment and times as per the Ministry guideline

Shift Premiums 1500 hours to 2300 hours Shift Premium $0.50 2300 hours to 0700 hours Shift Premium $0.70 Temporary Supervisor Premium $1.00

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Wage Appendix "A" and "B" (Effective October 1, 201 B)(Wage Increases: 2%) Classification (Appendix "A") Probationary 1st Progression 2nd Progression End of Progression

Level Time Based Time Based Time Based

General Labourer $15.37 $16.81 $18.24 $19.75 Uniform Cleaner and Helper $14.54 $15.30 Maximum Working Hours in Time Based Progression 500 HOURS 500 HOURS 500 Hours

Classification Probationary 1st 1st 2nd 2nd 3rd End of (Appendix "B") Level Progression Progression Progression Progression Progression Progression

Time Based Skills Based Time Based Skills Based Skills Based Skills Based Process Operator $17.60 $18.24 $19.75 $21.37 $23.32 Senior Process Operator1· $23.32 $24.10 $25.20 Process Technician $23.59 $24.20 $25.42 $26.62 $27.84 Mechanic $23.32 $24.21 $25.29 $26.40 $27.57

Production Packer $14.54 $15.30 $16.51 $16.85 Packaging Lead $16.85 $17.60 $18.25

Quality Assurance $19.75 $20.38 $21.91 $23.50 $25.25

Millwright Apprentice2· $21.37 $23.32 $23.12 $26.85 $28.50 Millwright $27.37 $28.50 $29.64 $30.81 $32.11 Senior Maintenance Mechanic $30.23

Warehouse Operator $16.81 $17.80 $18.79 $19.75 Senior Warehouse Operator1· $19.75 $20.08 $20.53 Maximum Working Hours in 500 HOURS 500 HOURS Time Based Progression

Notes 1. 2.

Prerequisite for senior positions is meeting all qualifications for top rate status in the base position Progression Skills assessment and times as per the Ministry guideline

Shift Premiums 1500 hours to 2300 hours Shift Premium $0.50 2300 hours to 0700 hours Shift Premium $0.70 Temporary Supervisor Premium $1.00

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APPENDIX "C"

Group Life & AD&D:

• one times annual base earnings

Group Health~

• drug cards

• drugs: 90/10 co-insurance; employee pays dispensing fee

• Chiropractor - remove per visit minimum.

Pension Plan:

• one year waiting period

• two years in the plan for vesting

• employee contribution of up to 4% of base earnings

• employer match of 50% of employee contribution

Dental:

For full-time employees who have passed their probation, the dental plan will be based on:

October 1st, 2016- 2013 dental fee guide October pt, 2017 - 2014 dental fee guide October 1st, 2018 - 2015 dental fee guide

Increase maximum Dental to $2000.00

Health Spending Account

Effective October 27, 2010, the health spending account for full-time employees who have completed their probationary period will be $375.00 annually for family coverage and $225 .00 annually for single coverage. Employees shall be able to carry over any remaining balance in their health spending account for the year following the year in which it is earned. The health spending account may be used for health and welfare benefits such as drugs, dental and eye glasses and shall be subject to the

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same eligibility rules and terms and conditions of the plan as are applicable under the health and welfare plan.

For regular part-time employees (those who are scheduled to work 16 hours per week or more), the Employer will provide a $165 .00 annual health spending account subject to the same terms and conditions and rules and qualifications as the current benefit plan but outside of the plan. Such regular part-time employees will be eligible to participate in this annual health spending account benefit once such employee has passed the probationary period.

This schedule is a summary and all issues of eligibility or benefit entitlement to be determined by the terms and conditions of the plans.

Dated at Mississauga, this 28th, day of November, 2016

November 28, 2016 DATE

November 28, 2016 DATE

"si ned"

on its own behalf and on behalf of ITS LOCAL 2715

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1. Letter of Understanding

We currently have three individuals (Hoa Huynh, Tuan To, Balraj Etwaroo)

performing Senior Operator duties mistakenly being paid the Mechanics

rate. These individuals pay will be red-circled and their title officially

changed to Senior Operators. Dung Nguyen was mistakenly paid as Senior

Maintenance mechanics. His rate will be red-circled and his job

classification will be changed to mechanics.

2. Letter of Understanding

Amendment to Collective Agreement of February 12, 2007 for New Lines

WHEREAS the parties recognize that the Employer is engaged in a highly competitive

business and wish to facilitate the introduction of a new production lines. (The "New

Production Lines")

AND WHEREAS the parties, in the context of the introduction of the New Production

lines wish to provide the Employer greater flexibility with respect to work in

connection with the New Productions lines.

THEREFORE, the parties agree as follows:

The Employer will set out the qualifications, including education and experience,

required for new classifications within the bargaining unit in connection with the

New Production Lines. The Employer will provide support for all interested

bargaining unit employees to upgrade their skills, knowledge and/or education,

through the existing Education Assistance Program, combined with a personal

development plan, to help meet the established qualification Criteria. All candidates

being considered for such classifications will be tested to determine whether they

possess these qualifications. All new bargaining unit position opportunity will be

posted

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