71
I I I I I I I I I I I I I I I I 2004-2007 COLLECTIVE AGREEMENT DELHI INDUSTRIES INC. and NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA. (CAW-CANADA) AUG 0 2 2005 COLLECTIVE BARGAINING INFORMATION SERVICES AND ITS LOCAL 1859 AtE No. COPING CONTROL DATi CODER. STRINGER. BRISBIN, HUMPHREY TORONTO, ONTARIO

AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I I I I I I I I I I I I I I I

I

2004-2007 COLLECTIVE AGREEMENT

DELHI INDUSTRIES INC. and

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS

UNION OF CANADA. (CAW-CANADA)

AUG 0 2 2005

COLLECTIVE BARGAINING INFORMATION SERVICES

AND ITS LOCAL 1859

AtE No.

CERT.A~

COPING CONTROL DATi CODER.

STRINGER. BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 2: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I I I I I I I I I I I I I I I I I

I

• • 2004 .. 2007

COLLECTIVE AGREEMENT

BETWEEN

DELHI INDUSTRIES INC.

-and-

NATIONAL AUTOMOBILE, AEROSPACE. TRANSPORTATION .

ARTICLE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

AND GENERAL WORKERS UNION OF CANADA, (CAW-CANADA) AND ITS LOCAL 1859

·INDEX

Intent & Purpose Recognition Management's Rights Union Security & Check-off Representation Strikes, Stoppages & Lockouts Grievance Procedure Data to be Supplied to Union Seniority Temporary Transfers Leave of Absence Hours of Work and Overtime Reporting Pay Bulletin Board Bereavement Leave & Jury Duty Paid Holidays Vacations with Pay Benefits Wages Occupational Health and Safety General Duration

PAGE

3 3 4 6 8 9 10 17 17 23 24 28 30 31 31 33 35 37 42 42 46 50

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 3: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I 'k " \ • -I I I I ARTICLE

I I I I I I I I I I I I • I

I

• 2

INDEX

Cont"d.

Schedule "A"- Wage Rates Effective August 31 , 2004

Schedule "B" .. Wage Rates Effective August 31, 2005

Schedule "C"- Wage Rates Effective August 31, 2006

Schedule "D"- Job Titles, Grades & Functions

Schedule "E"- Cost of Living Allowance

Letters of Understanding:

Re: Excessive Heat Re: Workers' Compensation Re: Union Office Re: Contracting Out Re: Substance Abuse Re: Sexual Harassment Re: Labour-Management Meetings Re: Termination and Severance Re: Wheel Room Re: Vacation Entitlement Re: Scheduled Weekend Overtime Re: Joint Health and Safety Committee

PAGE

52

53

54

55

58

59 60 61 62 63 65 67 69 70 71 72 73

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 4: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I ~

I I I I I I I I -1 I I I I I I

I

• 3 • THIS COLLECTIVE AGREEMENT ENTERED INTO AS OF THE 31ST DAY OF AUGUST, 2004.

BETWEEN:

-and-

DELHI INDUSTRIES INC.

(hereinafter referred to as the "Employer'')

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA. (CAW-CANADA) AND ITS LOCAL 1859

(hereinafter referred to as the "Union")

ARTICLE 1 - INTENT AND PURPOSE

1.01 The general purpose of this Agreement is in the mutual interests of the

Employer, the Union and the employees, and is to provide for economy of operation,

quality and quantity of output and to establish and maintain a satisfactory procedure to

cover the settlement of differences arising out of this contract, and to set forth those

working conditions which have been negotiated.

ARTICLE 2 - RECOGNITION

2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the

11th day of February, 1987, the Employer recognizes the Union as the exclusive

bargaining agent for all of its employees at its Delhi Industries Division in Delhi, save

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 5: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I I I I I I I I I I I I I I I

I

• 4 • and except foremen, persons above the rank of foreman, office and sales staff, security

guards, students employed on a cooperative training program with a school, college or

university, and students employed during the school vacation period.

2.02 The word "employee" or..•,"employees" wherever used in this Agreement

shall mean any or all of the employees in the bargaining unit as defined above, unless

the context otherwise provides.

2.03 Supervisors and other employees of the Employer outside the bargaining

unit will not normally perform bargaining unit work except in the following

circumstances: ·

(a) in the case of emergency;

(b) for the purpose of training or instruction;

(c) for the purpose of experimental work and/or introduction of new or

modified systems;

(d) if a qualified employee is not readily available.

ARTICLE 3 .. MANAGEMENT'S RIGHTS

3.01 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 within the rights of the Employer and its Management. Without limiting the

generality of the foregoing, the Employer's rights include:

(a) to maintain order, discipline and efficiency; to make, alter and enforce

reasonable rules and regulations, policies and practices, to be obeyed

by its employees; to discipline and discharge employees for just cause;

STRINGER, E!RISSIN, HUMPHREY TORONTO, ONTARIO

Page 6: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I -I I I I I I I I I I I I I I I I I I

I

~ ' j }t

(b) • 5 •

to select, hire and control the working force and employees; to transfer,

assign, promote (subject to the express terms of this Collective

Agreement), demote (subject to the express terms of this Collective

Agreement), classify (subject to the express terms of this Collective

Agreement), layoff, recall, suspend and retire employees; to plan, direct

and control operations; to select and appoint lead hands and to . .

continue or discontinue the use of lead hands; to select and retain

employees for positions excluded from the bargaining unit;

(c) to operate and manage the enterprise in orper to satisfy its

commitments and responsibilities, the right to determine the location of

operations and their expansion or curtailment, the direction of the

working forces, the scheduling of operations and production, the

manufacture of or the contracting for goods, materials and services, the

number of shifts, the methods, processes and means of production, job

content, quality and quantity standards, the right to use improved

methods, machinery and equipment, the right to decide on the number

of employees needed by the Employer at any time, the number of hours

to be worked, starting and quitting times (subject to the express terms

of this Collective Agreement); and, generally, the right to manage the

enterprise and its business without interference are solely and

exclusively the right of the Employer; and

(d) the sole and exclusive jurisdiction over all operations, buildings,

machinery, equipment and employees shall be vested in the Employer.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 7: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I ~

I I I I I I I I I I I I I I I

I

• 6 • ARTICLE 4- UNION SECURITY·& CHECK-OFF

4.01 The Employer agrees to deduct weekly, in the first four (4) pay periods of

each month, from the earnings of each employee who has completed his probationary

period regular Union dues and to remit the total so deducted with a list of the total

number of seniority employees together with all sums deducted to the Financial

Secretary of the Local by the fifteenth (15th) of the month in which the deductions are

made. The Employer agrees to deduct an initiation fee, from all employees hired after

the date of this Agreement, in the first pay after such employee attains seniority

pursuant to either Article 9.01 or 9.05.

4.02 In order that the Employer may have definite instructions as to what

amount is to be deducted for Union dues, it is agreed that the Union will promptly notify

the Employer, in writing, over the signature of its designated officer, the amount of the

deduction to be made by the Employer for regular Union dues, and the Employer shall

have the right to continue to rely on such written notification until it receives other written

notification from the Union signed with the same formality.

4.03 The Employer agrees to include on an employee's T -4 slip for income tax

. purposes, the total Union dues paid for the year excluding any initiation fees.

4.04 The Union agrees to hold the Employer harmless against all claims,

demands, and expenses should any person at any time, contend or claim that the

Employer has acted wrongfully or illegally in making such deductions.

4.05 The Employer agrees to supply the Local Union financial secretary with

the following monthly information:

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 8: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I -I I I I I I I I I I I I I I I I • I

I

' j ! • 7 •

1) A list of all members in the bargaining unit regardless of whether or not

they paid dues in the month.

2) Each member's mailing address, including postal codes, and listed

telephone number on file with the Employer (to be updated once per

year).

3) The employee's clock number.

4) The members hourly rate.

5) Each member's status (i.e. at work, on vacation, weekly sick benefits,

L.T.D., W.C.B., retired in the month, or any other leave of absence).

6) The number of hours worked in the month. (This, together with the

information in the other items above, give the financial secretary the

necessary information to make a determination as to whether or not all .

dues have been properly collected.)

It is understood that the above information will be used solely for internal

Union administrative purposes or statutorily-required disclosure.

4.06 The Employer agrees to acquaint new employees with the fact that a

Collective Agreement is in effect and with the conditions of employment set out in the

articles dealing with Union Security and Dues Checkoff. A new employee shall be

advised of the name and location of his/her Union representative. Whenever the Union

representative is employed in the same work area as the new employee, the

employee's immediate supervisor will introduce him/her to his/her Union representative

who will provide the employee with a copy of the Collective Agreement. The Employer.

agrees that a Union representative will be given an opportunity to interview each new·

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 9: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

l, ' l • 8 • employee within regular working hours', without loss of pay, for fifteen (15) minutes

sometime during the first thirty (30) days of employment, for the purpose of acquainting

the new employee with the benefits and duties of Union membership and the

employee's responsibilities and obligations to the Employer and the Union.

ARTICLE 5- REPRESENTATION

5.01 The Employer agrees to recognize a Plant Committee consisting of three

· (3) employees, one (1) of which will ·be recognized as the Plant Chairperson. The

Employer shall recognize a Union Designated Steward at Argyle Street. This shall not

increase the size of the Plant Committee. Such_ Committeepersons shall be active

employees of the Employer having a minimum of one (1) year of seniority. There shall

be a maximum of one (1) Specialist Maintenance on the Committee at any given time.

The Union may appoint, subject to the above criteria, an alternate Committeeperson for

each Committeeperson who will serve .only when the regular Committeeperson is out of

the plant 6r on an off-shift when circumstances giving rise to the need of a

Committeeperson arise. The Union will inform the Employer, in writing, of the identity of

the Union representatives and will identify the Committeepersons by the functions

represented and the Employer shall not be obliged to recognize such persons until it

has been so informed. In addition and subject to the conditions as foregoing, the Union

shall advise the Employer of all other Union officials.

The Employer recognizes the role of the Union WSIB Representative who

will replace a Union Committeeperson only during meetings and discussions with the

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 10: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

'· • 9 • Workplace Safety and Insurance Board with respect to worker re-entry procedures and

other matters relating to problems with Workplace Safety and Insurance Board claims.

5.02 The Union agrees that no Union member or representative will conduct

any Union activities on the premises of the Employer without the expressed permission

of the supervisor, such permission will not be unreasonably withheld. No Union official

shall have access to the premises of the Employer without the expressed consent of the

Manager of Operations, or his designate; such permission will not be unreasonably

withheld. Only employee members of the Plant Committee, as referred to above, shall

participate in negotiations to renew this Collective Agreement.

5.03 For the purposes of this Agreement, the Plant Committeepersons together

with the officers of the Union shall be deemed to be officials of the Union. The parties

hereto agree that the Union officials occupy positions of leadership and responsibility to

see that this Agreement is faithfully carried out.

ARTICLE 6- STRIKES, STOPPAGES & LOCKOUTS

6.01 The Union agrees that while this Agreement is in operation, neither the

Union nor any employee shall take part in or call or encourage any strike or picketing,

including a cessation of work, a refusal to work or to continue to work in combination or

in concert or in accordance with a common understanding, or a slowdown or any other

concerted activity on the part of the employees designed to restrict or limit output. The

Union undertakes and agrees to exercise all efforts to encourage any employees taking

part in the foregoing activities to immediately cease and desist such activities. The

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 11: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I.

I I I I I I I I I I I I I I I

I

1 • 10 • Employer agrees that it will not engage· In any lockout, as defined by the Ontario Labour

Relations Act, during the term of this Agreement.

ARTICLE 7 -GRIEVANCE PROC·EDURE

7.01 The grievance procedures herein provided for 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, as hereinafter set

forth, shall serve as and cqnstitute the sole and exclusive means to be utilized by the

grievor for the prompt disposition, decis.ion and final settlement of a grievance arising in

respect of the interpretation, application, administration, or alleged violation of this

Agreement, and the specifically designated grievance procedure shall be strictly

followed. Wherever the term "grieyance procedure" is used in this Agreement, it shall be

considered as including the arbitration procedure.

.7.02- _ c·----- -~'Grievance~ -shall mea11. a- complaint .or claim concerning improper

discipline or discharge, or a dispute with reference to the interpretation, application,

administration or alleged violation of this Agreement.

7.03 The Employer shall be under no obligation to consider or process any

grievance unless such grievance has been presented to the Employer in writing 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 have been

known by the grievor. However, if the Employer does consider or process a grievance

which has been presented late, the Employer shall not be estopped or precluded at any

stage from taking the position that the grievance is late and not arbitrable.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 12: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I .

I I I I I I I I I I I I I I I

I

• 11 • 7.04 All time limits referred to in the grievance procedure herein contained shall

be deemed to mean "work days".

7.05 (a) No employee shall have a grievance until he has first taken up the alleged

violation orally with the employee's immediate supervisor, accompanied by a Union

representative if he so desires. If the employee's supervisor does not promptly settle the

matter to the employee's satisfaction, an employee's proper grievance may be

processed as follows. ·

. The Committeeperson shall be allowed reasonable time off the job with

pay to attend to grievances or complaints. The Committeeperson will be released to

attend to such grievances or complaints by the mid-shift lunch break, if the grievance

arises during the first-half of the shift, or by the end of the shift if the grievance arises

during the second-half of the shift.

STEP N0.1

If an employee has a grievance, the grievance shall, within seven (7) days

as referred to in Article 7.03 hereof, be reduced to writing and presented to the Plant

Manager, or !"lis designate. The Plant Manager, or ~is designate, shall give the grievor a

written reply as soon as possible, but not later than five (5) days after such decision. If

such reply is not satisfactory to the grievor, the next step must be taken within three (3)

days of the Plant Manager, or his designate's answer, but not thereafter.

The grievance referred to above shall identify the specific issues involved in

the grievance and be signed by the employee.

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 13: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I·

I I I I I I I I I I

I

, . • . 12 • STEP NO.2

At this step, the written grievance shall be presented to the Operations

Manager, or his designate,. within the· aforesaid five (5) days of receipt of the Plant

Manager, or his designate's reply, but not thereafter. A meeting will be held between the

Committeeperson together with the griever involved and Operations Manager, or his

designate, and other representatives of the Employer who may be deemed necessary,

within five (5) days of the presentation of the written grievance to the Operations

Manager, or his designate. The Operations Manager, or his designate, shall give his

written reply to the Committeeperson within five (5) days of such meeting.

·If the Operations Manager, or his designate's reply is not satisfactory to

the griever, the next step must be taken within ten (10) days after the delivery of the

Operations Manager, or his designate's reply to the Committeeperson, but not

thereafter.

.. STEP NO.3

If the matter is not resolved in Step 2, a meeting with the bargaining

committee and their National Representative and/or their Local President and the Plant

Manager, or his designate, will be held at a mutually-agreed date. The Employer will

respond to the grievance by the end of the third working day following the date of the

Step 3 meeting. The grievance will be settled on the basis of the Step 3 response if the

Union fails to give written notice by the end of the 1Oth calendar day following the

Employer's Step 3 response that it desires to proceed to Arbitration.

7.05 (b) In the event that any grievance is resolved or withdrawn by the Union and

is subsequently appealed through the appeals procedure established by the CAW

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 14: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I. I I I I I I I I I

I

• 13 • Constitution Appeals Procedure, and such appeal is upheld, the grievance shall be

considered timely and will be processed to the appropriate Step of the grievance

procedure. The Employer, will however, not be responsible for any monetary liability

beyond any amount that would have been incurred had the grievance been processed

under the normal procedure.

7.06 Arbitration

Where a ·difference arises as 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 the grievance procedure, notify the other party in

writing of its desire to submit the grievance to arbitration.

7.07 A grievance appealed to arbitration will be presented to the arbitrators

hereinafter set out who will act in rotation in order that their names appear. Only

grievances relating to the same violation or alleged violation of this Agreement may be

grouped for such arbitration hearing before the appropriate arbitrator. Submission of

grievances to the arbitrators will be determined in this order: by the date of the

Employer's reply to the grievance at Step 2 of the grievance procedure or, where more

than one grievance has been answered on the same date, by the date the grievance

was filed.

7.08 The following constitutes the list and rotation of the arbitrators:

I.A. Hunter

H.D. Brown

E.E. Palmer

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 15: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I • I

I I I I I I I I I I I I I I I I I

I

• • 14 • W.B. Rayner.

7.09 If, in the regular rotation, an arbitrator is unable to specify a date for the

arbitration hearing, the parties may agree to request another arbitrator in rotation to

provide such a date.

In the event that none of the arbitrators listed in Article 7.08 can hear the

matter within a mutually agreed period from the date of the request for a hearing date,

the parties agree that the party having carriage of the grievance may request the Office

of Arbitration of the Ministry of Labour to appoint an arbitrator.

7.10 The arbitrator shall not have the jurisdiction or authority to alter or modify

any of the provisions of this Agreement or substitute any new provisions in lieu thereof,

or to give any decision inconsistent with the terms and provisions of the Agreement.

7.11 The decision of the arbitrator shall b_e final and binding upon the parties

and any employee affected by it.

7.12 Each party shall bear an equal share of the fees and expenses of the

arbitrator.

7.13 Representative(s) of the National Union may be present at any meeting

with Management at either party's request.

7.14 Any grievance not carried to the next step within the time limits prescribed

herein, or within such extensions as may have been agreed to in writing, shall

automatically be settled on the basis of the last decision given by the Employer. The

Union may withdraw, without precedent or prejudice to any case, a grievance which has

been referred to any step of the grievance procedure, and the Employer may settle,

STRINGER. BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 16: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

' . • 15 • without precedent or prejudice to any other case, a grievance which has been referred

to any step of the grievance procedure.

7.15 Where it is determined by an arbitrator that a seniority employee has been

suspended or discharged without just cause:

(i) the arbitrator may reinstate the employee with payment for such time

lost due to the discharge or suspension, less any amounts of money

received by the employee during such period; or

(ii) the arbitrator may substitute such other penalty for the discharge or

suspension which to the arbitrator seems just and reasonable in all the

circumstances.

7.16 Union Policy Grievance or Employer Grievance

A Union policy grievance or Employer grievance may be submitted to the

Employer or the Union, as the case may be, in writing, within ten (10) days from the

time the circumstances upon which the grievance is based were known or should have

been known by the griever. A meeting between the Employer and the Union shall be

held within five (5) days of the presentation of the written grievance and shall take place

within the framework of Step 2 of Article 7.05 hereof. The Employer or the Union, as the

case may be, shall give its written decision within five (5) days after such meeting has

been held.·

If the decision is unsatisfactory to the grieving party, the grievance may be

· submitted to arbitration within ten (1 0) days of the delivery of such written decision and

the arbitration sections of this Agreement shall be followed. If the Employer is not

STRINGER, BRISBIN. HUMPHREY

TORONTO, ONTARIO

Page 17: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I.

I I I I I I' I I I I I I

I

• 16 • advised of the Union's intention to proceed to arbitration within five (5) days, the

Employer shall not be liable for any damages during the foregoing ten (1 0) day period.

The provisions. of this paragraph 7.16 shall not be used by the Union to

institute a grievance directly affecting an employee or employees which such employee

or employees could themselves institute, and the provisions of Article 7.05 hereof shall

not thereby be bypassed.

7.17 Discharge Cases

A claim by a seniority employee that he has been unjustly discharged shall

be treated as a grievance and shall commence at Step. 2 of Article 7.05 provided a .

written grievance signed by the employee and his Committeeperson is presented to the

designated official of the Employer within three (3) days after the discharge. The

discharged seniority employee would have the right to confer with a Committeeperson

before leaving the plant provided a Committeeperson is available in the plant at the time

of discharge, except if, in the opinion of the Employer, the discharged employee is

threatening, belligerent, abusive or disorderly.

7.18 Disciplinewill be removed from an employee's record after:

(1) Warnings-- twelve (12) months from imposition;

(2) Suspensions -- eighteen (18) months from imposition.

An employee who is receiving discipline or discharge (including interview)

must be advised that he has the right to:

(a) have a Union Committeeperson present;

(b) use of a private area;

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 18: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

II .

11

I I I I I I

I

• 17 • (c) receive discipline in writing at the time of such discipline with a copy to

the Local Union Chairperson.

ARTICLE 8 - DATA TO BE SUPPLIED TO UNION

8.01 The Employer will supply the Union Chairperson, the Local Union office,

all Committeepersons. and alternates, with a seniority list of employees listing name,

seniority date, classification, address and the employee's listed telephone number on

file with the Employer (to be updated once per year). These lists shall be updated and

supplied on January 15, April 15, July 15, October 15.

8.02 The Employer will post, every three (3) months, a seniority list of the

employees listing hame, seniority date and classification.

ARTICLE 9 • SENIORITY

9~01 An employee, other than a temporary employee as referred to in Article

9.05 herein, shall be considered a probationary employee until he has performed sixty

(60) days of work for the Employer during a period of six (6) consecutive months. During

such probationary period, he shall have no seniority rights. Upon completion of his

probationary period, the employee's seniority shall be dated from the date the employee

commenced his probationary period. It is understood and agreed that the termination of

a probationary employee may be the subject of a grievance under the grievance or

arbitration procedures, if not for just cause. It is recognized that a lesser standard of just

cause exists for a probationary employee.

9.02 An employee shall lose all seniority, service rights and his employment if:

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 19: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

• 19 • of four (4) working days in each calendar year without regard to the seniority provisions

of this Agreement. In all other respects, this Article 9.03 is subject to Article 9.04. It is

understood that normally there will be only one inventory per calendar year. However,

there may occasionally be calendar years where an annual inventory is taken early in

January and the next inventory taken late in December of the same calendar year. As

well, there may be extraordinary circumstances such as re-financing which would

require an additional inventory.

9.04 In cases of promotion (other than promotions to positions outside of the

bargaining unit) and in all cases of increase or decrease of the forces, the following.

factors shall be considered:

(a) skill, ability, experience, knowledge, and physical fitness in relation to

the work in question;

(b) seniority.

It is understood that w~er~ the qualifications referred to in factor (a) above

are relatively equal, factor (b) will govern and the senior qualified employee will be

selected.

In the evaluation of factor (a), the Employer shall be the judge; provided,

however, that if an employee believes that a proper consideration of his skill, ability,

experience, knowledge or physical fitness has not been given, he or she may file a

grievance under the procedures of Article 7 claiming that the Employer acted in an

arbitrary manner.

The senior applicant shall have up to five (5) days' trial period to

demonstrate his qualifications as set out in factor (a) above.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 20: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I·

I I I I I· I I I

I

• 23 • their having the qualifications to perform the work available pursuant to Article 9 of this

Collective Agreement.

ARTICLE 10- TEMPORARY TRANSFERS

10.01(A) An employee who is temporarily transferred to another job by the

Employer in which the rate of pay is different to that in effect in such employee's regular

job shall be paid while so employed as fqllows:

(a) . If the rate of pay in the job to· which he or she is transferred is less than

the employee's regular pay, he. or she shall receive his or her own

higher rate of pay.

(b) If the rate of pay in the job to which he or she is transferred is higher

than the employee's rate of pay, he or she shall immediately receive the

rate of pay at the appropriate rate Step (sixty (60) days) for the job to

which_ he _or _she was transferred. If such person continues in the

temporary transfer for a period in excess of thirty (30) days, he/she

shall be paid the 90-day rate for the position.

These provisions shall not apply in case of transfer of an employee to avoid layoff or, in

the case of a transfer at the employee's own request. In case of such transfers, the

employee shall receive the rate for the job to which he is transferred.

When it is necessary to transfer employees, the Employer shall transfer

junior employees in the department, subject to the operational needs of having the

available work done efficiently. When a senior employee feels that he has been unjustly

transferred, if requested, the Employer will discuss reasonable alternatives, if any, with

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 21: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 24 • the employee and, on request, the Comrnitteeperson, as soon as possible after the

issue is raised but in any. event during the shift within which the issue was raised.

Pending the review of reasonable alternatives, the transferred employee will proceed to

do the assigned work. However, the Employer will not be arbitrary in making the

decision.

10.01(8) Temporary Transfers

Temporary transfers are those having a duration of thirty (30) working

days or less, excluding general vacation shutdown and Christmas-New Year's

shutdown. Vacancies in excess of thirty (30) working days will be posted. The thirty (30)

working day period may be extended by mutual agreement. Such temporary postings

shall occur where there is a vacancy that requires filling. If the Employer determines that

there is not a vacancy requiring posting, it shall advise the Union.

ARTICLE 11 - LEAVE OF ABSENCE

11.01 "Leave of absence" shall mean an absence from work requested by an

employee in writing and consented to by the Employer. Leave granted shall be in writing

covering a specific period of time. Leave of absence shall be at the sole discretion of the

Employer and shall be without pay or any other form of compensation (save that, in

cases of leaves in excess of two (2) weeks, benefits will cease at the end of the month

in which the leave commences), and the employee shall not work in any other position

during such leave of absence unless agreed to by the Employer in writing. Such leaves

will not be unreasonably withheld.·

STRINGER, BRISBIN, HUMPHREY

· TORONTO, ONTARIO

Page 22: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I .

I I I· I I I I I I I I I I I I I • I

• 25 • 11.02 An employee who, because of illness or injury requiring an absence from

his job for more than two (2) work days while under the care of a physician, shall, upon

furnishing evidence satisfactory to the· Employer of such illness or injury, which may

include examination by an Employer appointed physician, at no cost to the employee,

be granted a sick leave for the duration of the period of his disability due to such illness

or injury, except that at the end of twenty-four (24) months of continuous absence

because of such illness or injury or the employee's length of service, whichever is

greater, the employee's employment and seniority shall be subject to review. (This

foregoing provision shall apply notwithstanding the provisions of Article 9.02 (d).) In any

event, the Employer shall continue to pay the premiums to provide the benefits listed in

Article 18.01 of this Collective Agreement for a period up to but not exceeding twelve

(12) months after the commencement of an illness or injury leave.) The employee shall

furnish supplementary medical evidence of disability, from time to time, as required by

the Employer. Failure toJY.r!1ish_such evidence of disability will result in the termination

of the employee's employment and seniority. Before an employee on sick leave may

return to work, he must, on the request of the Employer, present a doctor's certificate

stating that he has satisfactorily recovered, both physically and mentally, and is able to

return to his regular job classification or other available work and perform such job in

accordance with the Employer's quality and production standards. The Employer

reserves the right to have any employee examined by an Employer physician, at no cost

to the employee, in connection with a sick leave.

Where doctor's notes and forms are required by the Employer or are

required for weekly indemnity and/or long-term disability payments pursuant to Article

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 23: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

1.

I I I I I I I I I I I I I I I • I

I

• 26 • 18.01, the Employer and the employee shall share the cost of such notes/forms on a

fifty-fifty (50-50) basis.

The Employer reserves the right to terminate employment if the record of

the employee indicates an excessive amount of time off or recurring or repetitive time

off subject to a seniority employee's right to grieve the issue of what constitutes

excessive, recurring or repetitive time off.

11.03 The Employer agrees to grant seniority employees a leave of absence to

attend Union conventions and conferences subject to the following:

(a) the Employer must have a minimum one (1) week's prior notice in

writing;

(b) not more than two (2) bargaining unit employees per shift to a

maximum of three (3) bargaining unit employees in total (with the

exception of a monthly meeting- the third Wednesday of each month

except July, August and _December - when three (3) day shift

bargaining unit employees will be released for a scheduled Union

meeting);

(c) the maximum leave granted pursuant to this Article 11.03 shall be a

cumulative maximum of twenty (20) employee days per calendar year.

If more than the aforementioned twenty (20) employee days is required

in any calendar year, the Union may request permission for necessary

additional time which permission shall not be unreasonably withheld;

and

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 24: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I. • 27 • (d) an employee on a Union leave· of absence shall have his pay and

I benefits continued and the Union shall be billed the cost attached;

I I I I I I I I I ~

I I I I

I

(e) any employee of the Employer elected or appointed to a full-time

position with the Local Union .. or the CAW National Union, will be

granted an unpaid leave of absence by the Employer, for a period not to

exceed one (1) year. Such leaves may be extended on an annual basis

at the request of the Local or National Union. While on such Union

leaves, there will be no break· in seniority.

11.04 It is agreed that seniority shall accumulate during the period of any

approved leave of absence for seniority employees.

11.05 Paid Education Leave

The Employer agrees to pay into a special fund two cents (2¢) per hour

per employee for all compensated hours for the purpose of providing paid education

leave._ Sai~~ paid education leave will be for the purpose of upgrading the employee's .

skills in all aspects of Trade Union functions. Such monies to be paid on a quarterly

basis into a trust fund established by the National Union, CAW, and sent by the

Employer to the following address:

CAW Paid Education Leave Program R.R. #1, CAW Road 25

Port Elgin, Ontario NOH 2C5.

The Employer further agrees that members of the bargaining unit,

selected by the Union to attend such courses, will be granted a leave of absence for

twenty (20) days of class time, plus travel time where necessary, said leave of absence

to be intermittent over a twelve (12) month period from the first day of leave. Employees

STRINGER. BRISBIN, HUMPHREY TORONTO. ONTARIO

Page 25: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I,

I I I I I I I I I I I I I I

• 28 • on said leave of absence will continue to accrue seniority and benefits during such

leave.

The Employer further agrees to supply .the Union with the following

information when such contribution is sent to the Paid Education Leave Program: the

Local Union Number, the Bargaining Unit(s) covered, the number of employees, the

number of hours used in the payment calculation and the period of time covered.

11.06 Pregnancy, Parental, Adoption Leave

The Employer will comply with the provisions of the Employment Standards

Act. Further, however, an employee taking such leave shall elect at the time of taking

such leave whether current vacation monies owing are to be held to be paid out at the

time the employee returns from such leave or at an alternate time requested by the

employee.

ARTICLE 12- HOURS OF WORK & OVERTIME

12.01 It is hereby expressly understood and agreed that the provisions of this

Article 12 are for the purpose of computing overti~e and shall not be construed to be a

guarantee of or a limitation upon the hours of work to be done per day or per week or

otherwise nor as a guarantee of working schedules.

12.02 The normal work week for regular employees will be composed of forty

(40) straight-time hours worked in the week. While the current two (2) shift operation

continues, the Day Shift shall consist of eight (8) hours per day, Monday to Friday, and

the Afternoon Shift shall consist of ten (1 0) hours per day, Monday to Thursday. If the

1--~----------------~~-

1 STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 26: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I·

• 29 • Employer at any point institutes a three (3) shift operation, all three (3} shifts shall

consist of five (5) consecutive eight (8) hour shifts. ·

12.03 Employees shall be paid overtime at the rate of one and one-half times

(1 %x) their regular hourly rate for all hours worked in excess of forty (40) hours in a

week and for all hours worked in excess of their regularly scheduled working day,

whether it be eight (8) hours for those working five (5) eight (8) hour days per week or

ten (10) hours for those working four (4) ten (10) hour days per week.

In the event an employee is required to work on Saturday, he shall receive

overtime at the rate of one and one-half times (1 %x) his regular hourly rate for such

work.

In the event that an employee is required to work on Sunday, he shall

receive overtime at the rate of two times (2x) his regular hourly rate for such work.

12.04 When overtime is required, the Employer shall first ask employees who

normally perform the work required to work the overtime followed by:

(a) employees temporarily transferred to the work required for the shift (five

and one-half (5%) hours or more) on which the overtime is required

shall be considered employees who normally perform the work --

employees temporarily transferred to the work for less than five and

one-half (5%) hours shall not and shall be governed by sub-paragraph

(b) below;

(b) employees who normally perform the work in question on the other

shift;

1~--~------------------------~----~--

1 STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARiO

Page 27: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I· I I I· I I I I I I 11

I

• 30 • (c) employees on the shift on which the overtime is worked who have

performed the work required within the last three (3) years, in order of

seniority;

(d) for periods of high levels of activity when "blanket overtime" is declared,

all employees may be assigned to work the overtime in their respective

shift without the necessity of canvassing for desire/suitability.

The parties agree to be governed by the above pril"!ciples.

12.05 In no case will there be duplication or pyramiding of overtime and any

other premium compensation.

12.06 There shall be two (2) ten (10) minute break periods per shift, one (1) in

each half of the shift. Where four (4) ten (1 0) hour shifts are scheduled, there shall be

one twelve (12) minute break in the first half of such shift and a thirteen (13) minute

break in the second half of each shift for employees on such shifts.

12.07 _ A shift premium of sixty cents (60¢) per hour will be paid for hours worked

during the scheduled afternoon or night shift.

12.08 Where work is re-allocated from one shift to another requiring the transfer

of an employee(s) from that shift, the senior employee(s) in the classification affected

shall be given the option of selecting the shift available at the time of the transfer.

ARTICLE 13- REPORTING PAY

13.01 An Employee who properly reports for work as scheduled or as directed,

unless he has been notified in advance not to report, will receive at least four (4) hours

at· his straight-time base hourly rate, exclusive of premiums, except in cases of labour

1--~~------------------------------~

I STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 28: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 31 • disputes, machinery, equipment, power or other utility breakdown, inclement weather, or

any other causes, without limitation, beyond the control of the Employer.

13.02 When an employee who· has left work and reported home is called into

work because of an emergency or breakdown at other than his regular scheduled. hours,

he will be paid a minimum of four (4) hours' pay at the applicable overtime rate or the

hours he actually worked, whichever is greater. It is understood that such call-back

minimum shall not apply to employees who are called in for work immediately before

and continuing into their regular shift.

ARTICLE 14 • BULLETIN BOARD

14.01 The Employer agrees to allow the Union the use of a bulletin board in the

plant for its exclusive use for the posting of Unio~ notices regarding Union-sponsored

recreational and social activities or meetings or elections of the Union. The Employer

and the Union shall meet to discuss the appropriate size and location. It is understood

that such notices shall have prior initialled approval by the Plant Chairman, or his

designate, before posting.

ARTICLE 15- BEREAVEMENT LEAVE & JURY DUTY

15.01 Bereavement

When death occurs in an employee's immediate family (i.e., mother,

father, current spouse, child, step-parent if such step-parent was actively involved in

raising the employee as a child) the employee, on request, will be excused for a period

up to but not exceeding four (4) consecutive working days provided the funeral falls

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 29: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 32 • within the four (4) consecutive working day period. The employee shall be paid for such

time excused based upon his base hourly rate exclusive of premiums but, in any event,

the employee shall not be entitled to receive any pay hereunder for any day that he was

not otherwise scheduled to be actively at work for the Employer.

In the case of the death of a brother, sister, father-in-law, mother-in-law,

grandparent, son-in-law, daughter-in-law, an employee will be granted three (3) days'

leave with pay subject to the same conditions as set out above for deaths in the

immediate family.

In the case of the death of a brother-in-law, sister-in-law, stepparent other

than as set out above, stepsibling, or grandchild, an employee will be granted two (2)

days' leave with pay subject to the same conditions as set out above for deaths in the

immediate family.

In the case of the death of a grandparent-in-law, an employee will be

granted one (1) day's leave with pay subject to the same conditions as set out above for

deaths in the immediate family.

15.02 Jury Duty/Subpoenaed Witness

Each seniority employee who is summoned to and reports for jury duty or

serves as a subpoenaed witness, 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 the number of

hours up to eight (8) that he otherwise would have been scheduled to work and the daily

prescribed jury duty fee or witness fee paid. In order to receive payment under this

section, an employee must meet all of the following eligibility requirements:

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 30: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 33 • (a) the employee shall have given twenty-four (24) hours' notice to the

Employer that he has been summoned for jury duty or as a subpoenaed

witness;

(b) the employee shall furnish satisfactory evidence to his immediate

supervisor that he reported for and performed jury duty or served as a

subpoenaed witness on the days for which he claims payment;

(c) the employee would otherwise have been scheduled to work for the

Employer on the day or days for which he claims payment;

(d) if not required to serve, the employee shall return to work forthwith and

shall be compensated, as provided above, for time reasonably absent;

and

(e) "subpoenaed witness" for the purposes of this Article does not include

employees testifying with respect to suits involving the personal affairs

of such employe_e al'lcJ.cJOes 110t include a witness subpoenaed to testify

before the Ontario Labour Relations Board or similar government

employment-related tribunals or before a board of arbitration in a matter

concerning the Employer.

ARTICLE 16- PAID HOLIDAYS

16.01 A seniority employee will be paid for each of the holidays listed hereunder

a sum equivalent to his regular hourly rate times eight (8) hours, provided he complies

with the qualifications hereinafter set forth. The paid holidays are:

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 31: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I I I I I I I I I I I I I I I I I • I

I

• New Year's Day

Good Friday

Victoria Day

Canada Day.

34 • Labour Day

Thanksgiving Day

the day before Christmas Day

Christmas Day

Civic Holiday Boxing Day

Three (3) floating holidays normally scheduled during the Christmas-New

Year's period.

Further, where four. (4) ten (1 0) hour shifts are the scheduled work week,

there shall be ten (1 0) hours paid for holidays set out in this Article 16 provided,

however, that there is a maximum of forty (40) hours' straight-time maximum pay in any

calendar week.

16.02 In order to qualify for payment for any of the holidays designated in this

Article 16.01, the employee must work the full scheduled shift on the day immediately

prior to and the full scheduled shift on the day immediately following the holiday.

A seniority employee who does not work the foregoing qualifying days

because he is on vacation will be entitled to holiday pay provided he works the full

scheduled shift on the day immediately prior to and the full scheduled shift on the day

immediately following his vacation. In such cases, _the employee shall be paid for such

holiday and shall be given an extra day(s) off at the end of his vacation period, without

pay, unless mutually agreed otherwise.

(a) Employees who do not work some or all of the qualifying days will be

paid providing:

(i) employee has satisfactory reason; or

STRINGER. BRISBIN, HUMPHREY

TORONTO. ONTARIO

Page 32: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 35 • (ii) employee is on vacation,· ·approved leave of absence,

bereavement leave, jury duty, subpoenaed witness,

W.S.I.B.; or

(iii) sick or injured or on layoff provided that the employee has

worked within thirty (30) days of the holiday.

Employees otherwise eligible for holiday pay but in receipt of Workers'

Compensation benefits or Weekly Indemnity benefits shall have such

insured benefits topped-up to provide for 100% of the appropriate

holiday pay but shall not receive full holiday pay in addition to such

payments, the intention being that otherwise qualified employees will

· receive only the difference between the insured pay received and the

holiday pay.

In cases where there are several paid holidays grouped together, (for

example: Christmas-New Year's) if an employee misses one of the qualifying days

without being excused as indicated above, such employee will lose eight (8) hours' pay

or ten (10) hours' pay, depending on his/her normal shift, as a result of missing the

qualifying day. If such employee misses the qualifying days both prior to and following

the holidays in question, he/she shall not be paid for any of the holidays between the

qualifying days.

ARTICLE 17 .. VACATIONS WITH PAY

17.01 Seniority employees shall be entitled to an annual vacation in accordance

with the following schedule on the basis of seniority as at June 30th in each year:

STRINGER. BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 33: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I I

I

I I I I I I I I I I I I I I I I I

I

• 36 • • one (1) year of seniority but less than five (5) years of seniority as at June

30th -- two (2) weeks;

• five (5) years of seniority but less than ten (10) years of seniority as at June

30th-- three (3) weeks;

• ten (10) years of seniority or more as at June 30th-- four (4) weeks;

• fifteen (15) years of seniority or more as at June 30th --five ( 5) weeks;

• twenty-seven (27) years of seniority or more as at June 30th -- six (6)

weeks.

17.02 Vacation year shall mean the year from one July 1st to the following June

30th. Pay for vacation to which the employee is entitled hereunder will be two percent

(2%) of wages earned in the vacation year for each week of vacation entitlement.

17.03 In years in which the Employer does not declare a plant shutdown for

vacation purposes, and for vacation entitlement in excess of two (2) weeks provided

where there is a shutdown, the Employer will schedule vacations by seniority wherever

practical and where . it will not interfere with the efficient operation of the Employer.

Employees must submit vacation requests by May 1st of the vacation year. Vacation

requests submitted after May 1st (including instances where employees agree to work

during the plant shutdown· if so requested by the Employer) will be granted on a first-

come, first-serve procedure. The Employer will post the vacation schedules by May 15th

of the vacation year.

17.04 All vacations are to be taken during the current vacation year.

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 34: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

. . • 37 • ARTICLE 18- BENEFITS

18.01 The Employer will pay one hundred percent (100%) of the premium cost

for the following benefits:

1. OHIP or its equivalent

2. Life Insurance-- $32,000.

Accidental Death & Dismemberment- $32,000.

(Effective on and after August 31, 2005- $33,000. Life Insurance and

$33,000. for Accidental Death. & Dismemberment. Effective on and after

August 31, 2006 -- $34,000. Life Insurance and $34,000. for Accidental

Death & Dismemberment.)

3. Weekly Indemnity - sixty-six and two-thirds percent (66 2/3%) of the

employee's basic earnings up to a maximum of five hundred dollars

($500.00) payable on a 1-1-1 (out-patient surgery)-- 4 (calendar days)-

39 basis.) On request, the Employer will pay the employee an advance

on a weekly indemnity claim if payment is delayed more than two (2)

weeks after the employee files the claim; the employee would then sign

over the appropriate claim cheque(s) when received).

4. Dental Plan -- present basic Preventative Plan shall be continued on a

$10.00 single/$20.00 family deductible with $1,800.00 maximum

coverage per person per year with payments based upon the 2003

O.D.A Schedule including orthodontic coverage on a 50-50 co-insurance

basis with $1,500.00 lifetime maximum. Dentures coverage on a 50-50

co-insurance basis. (Effective on and after January 1 , 2005 -- 2004

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 35: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I .I I I I I I I

I

• 38 • O.D.A. Schedule. Effective on and after January 1, 2006-2005 O.D.A.

Schedule. Effective on and after January 1, 2007 - 2006 O.D.A.

Schedule.)

5. Health care coverage providing standard major medical coverage

including a managed drug care plan with card system with one dollar

and fifty cents ($1.50) deductible per prescription which, pursuant to

applicable legislation, require the written prescription of a doctor or

dentist and which are dispensed by a licensed pharmacist. This health

care coverage shall also provide for C. strips required for diabetics. The

yearly maximum for Psychologist, Social Worker and Massage Therapist

shall be increased to $275.00.

6. Vision Care Program -- standard family coverage vision care program

providing for up to two hundred dollars ($200.00) payment for prescribed

~ye gLasses for each ~:mil_y_ nJember tC? ___ ~ __ maximu'!' of C?ne (1) pair per

family member in. a twenty-four (24) month period .. The Company shall

pay up to fifty dollars ($50.00) for an eye examination in each twenty­

four (24) month period. The Company shall pay for yearly vision

examinations required as a result of medical recommendations from a

qualified physician.

7. Long-term Disability-- for new claims arising on and after September 28,

2004, provide for sixty percent (60%) of pre-injury wages to a maximum

of $900.00 per month (Effective on and after August 31, 2006 -­

$1,000.00 per month) with no carve-out/off-set after the employee

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 36: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I • I

I

• 39 • exhausts weekly indemnity; the first two years of disability coverage to

be based on own pre-injury job-- thereafter, until recovery, death or age

65, benefit provided if employee cannot work at any employment in

region paying not less than sixty. percent (60%) of pre-injury wages.

Prescription drug coverage referred to in sub-paragraph 5 above shall

be maintained for the first two (2) years of an otherwise eligible

employee's disability coverage.

8. Hearing Plan -- provide for a standard hearing aid plan providing for up

to a maximum $500.00 for each family member in a 5-year period.

In recognition of the fact that the Employer is herein providing benefits

greater than those required by the Unemployment Insurance Act for qualification for

premium reduction, and in recognition of the improvements herein negotiated to other

provided benefits, the parties hereto agree that the Employer shall be entitled to retain

the full amount (i.e. twelve-~~~~~-~~(1-~!1'--C~V of th~ premium red~ction available from the

Unemployment Insurance Commission.

18.02 The benefits and insurance plans referred to in this Article 18 are

necessarily qualified in their entirety by reference to the underlying policies or contracts

of insurance. The terms of any contract issued in respect hereof by an 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 and extent of benefits and conditions. In the event of a change in carrier,

there would be no reduction in the level of benefits referred to in this Article 18.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 37: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I . I I I I I I I

I

• 40 • 18.03 The Employer will pay, on behalf of all seniority employees requiring

prescription glasses, up to two hundred and ten dollars ($210.00) every two (2) years to

pay for prescription safety glasses, if necessary on the. job. The issue of appropriate

safety glasses is to be dealt with by the Joint Health and Safety Committee with the

suggestion of the Committee to be the basis for implementation.

18.04 The Employer agrees to pay on receipt of an invoice on behalf of seniority

' employees, one hundred and thirty dollars ($130.00) annually of the cost of C.S.A.

approved safety boots. Effective on and after August 31, 2005, the Employer agrees to

pay upon receipt of an invoice on behalf of seniority employees, bne hundred and thirty-

five dollars ($135.00) annually of the cost of C.S.A, approved safety boots. Effective on

and after August 31, 2006, the Employer agrees to pay on receipt of an invoice on

behalf of seniority employees, one hundred and forty dollars ($140.00) annually of the

cost of C.S.A. approved safety boots .

18.05 Pension

The plan in effect on ratification, which forms part of this Collective

Agreement, will be maintained during the term of this Collective Agreement.

Effective January 1 , 1994 - unreduced pension for early retirees who on

retirement are at least 60 years of age and have at least fifteen (15) years' pension

service credits.·

For employees eligible for and electing early unreduced pension, the

Employer will maintain OHIP or its equivalent and the Drug Plan until the employee

attains age 65.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 38: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I -I I I I I I I I I I I I I I I I • I

I

• 41 • Further, any surplus at a given time may be used within the pension plan

pursuant to past practice but shall not be unilaterally extracted from the plan by the

Employer. Further, on the windup of the pension plan, any net surplus left must be

applied to the benefit of the members of the pension plan.

Effective on and after January 1, 2003, provide for additional upgrade

based on 1995 earnings as a further "highest of" option to the options listed "For service

from 1973 to 1992" at page 5 of the Employee Pension Booklet. Further, the Pension

Agreement, section 7.02(b) (Joint and Survivor Benefits) to provide that the pension

payable to a Member with a spouse will be equal to 95% of the pension payable under

Section 7.01. The reduced monthly pension benefit payable to a participant with a

spouse under this Section will be:

(i) decreased by one-half {%).of 1% (0.5%) for each full year in excess of

five {5) years that the spouse's age is less than the participant's age, or

(ii) increased by one-half (%) of 1% (0.5%) for each full year in excess of

five (5) years that the spouse's age exceeds the participant's age.

Further provide that if a retired Member's spouse pre-decease the Member, such

Member may apply for and have his/her pension benefit immediately restored to its

unreduced value.

18.06 In the case of layoffs of otherwise entitled employees, the benefits in

Article 18.01 will continue to the end of the second calendar month following the month

in which the layoff occurs.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 39: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 42 • ARTICLE 19- WAGES

19.01 Effective August 31, 2004, the wage rates shown on Schedule "A'' shall be

in effect.

19.02 Effective August 31, 2005, the wage rates shown on Schedule "8" shall be

in effect.

19.03

in effect.

19.04

Effective August 31, 2006, the wage rates shown on Schedule "C" shall be

Attached hereto as Schedule "D" is a list of jobs and grades as of the

entering into of this Collective Agreement and relating to the wage structure set out in

Schedules "A", "8" and "C" hereof.

ARTICLE 20- OCCUPATI.ONAL HEALTH AND SAFETY

20.01 The Employer and the Union shall maintain an Occupational Safety and

Health Committee consisting of a minimum of two (2) members elected or appointed by

the Union and a minimum of two (2) members appointed by the Employer. There shall

be a Chairperson for the Union and a Chairperson for the Employer who shall serve as

Co-chairs. There shall be one Occupational Health and Safety Certified Representative

trained for the Argyle Street location during the term of this Collective Agreement, i.e. if

an employee so certified either ceases to be an employee or declines to act as such a

Representative, there shall be no new trained repr~sentatives at Argyle Street.

20.02 The general duties of the Occupational Safety and Health Committee shall

be to monitor compliance with the provisions of the Occupational Health and Safety Act

of Ontario, and

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 40: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I

-1 I I I I I I

I

• 43 • (a) to make a monthly inspection of the plant or place of employment for

the purpose of determining hazardous conditions, to check unsafe

practices and to receive complaints and recommendations with respect

to these matters; . .

(b) to investigate promptly all serious accidents and any unsafe conditions

or practices which may be reported to it.. Such investigations shall

include accidents which might have caused injury to an employee

whether or not such injury occurred;

(c) to hold monthly safety meetings for the discussion of current accidents,

their causes, suggested means of preventing their recurrence, and

reports of investigations and inspections as well as other items deemed

appropriate for Joint Health and Safety Committee;

(d) Minutes are to be taken at all Committee meetings with copies

di~tri~uted pr~_l!lp~ly_t()_ ~J!_~_!3_rnbers of !h~ ~o~~~ttee.

20.03 The Employer shall supply, at no cost to the employee (subject to Articles

18.03 and 18.04 ), all protective clothing and other devices deemed necessary by the

provisions of the Occupational Health and Safety Act or the Health and Safety

Committee to protect employees from injuries arising from their employment with the

Employer. Items currently provided will be continued.

20.04 Accident and Incident Investigations

(a) Every injury or near-miss which involved or would have involved a

worker going to a doctor or hospital must be investigated. The Union

will designate and the Employer will recognize a Health and Safety

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 41: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I • I

I I I I I I I I I I I I I I I I I

I

• 44 • Representative for each shift for 'the purpose of these investigations. A

copy of such investigation report shall be given to both the Union and

the Employer Joint Health and Safety Committee Co-Chairs.

(b) The Union co-chairperson or alternate shall be allowed to accompany

government health and safety inspectors on an inspection tour and to

speak with the inspector out of earshot of any other person. Such Union

representatives shall first bring concerns to management before

reporting formally or informally to government agencies or inspectors.

(c) The Employer shall give a copy of any replies to such reports or

documents to the Union co-chairperson and to the Committee.

(d) Incidents involving releases of hazardous substances to the air, earth or

water systems must be investigated.

20.05 Prior to being placed on a job, the Employer shall provide employees with

. pr<?p~_r:. __ ~?!J~!yJns.!r~~ti_()r~ an~_~up~~!~ion in the op~ration of any equipment and/or the

performance of any function required by such employee's job.

20.06 (a) An employee may refuse to work or do particular· work where the

employee has reason to believe that any equipment, machine, device or thing the

employee is to use or operate is likely to endanger such employee or another worker or

that the physical condition of the workplace or the particular part in which the employee

works is likely to endanger the employee.

(b) Upon refusing to work or do particular work, the employee shall promptly

report the circumstances of the refusal to the appropriate supervisor who shall·

investigate forthwith the report in the presence of ,the employee and an employee health

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 42: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I • I

I I I I I I I I I I I I I I I I I

I

• 45 • and safety representative; if such representative is not available, then in the presence of

a Union Committeeperson.

(c) Until the investigation is completed, the employee shall remain in a safe

place near the work station.

(d) Pending the investigation, no alternate employee shall be assigned to use

or operate the equipment, machine, device or thing or to work in the part' of the

workplace being investigated unless, in the presence of an employee health and safety

representative, the alternate employee has been advised of the other employee's

refusal to work and the reasons for the refusal to work.

(e) This sub-article is a summary of the rights and procedures for refusal of

unsafe work contained in the Occupational Health and Safety Act. The full rights and

procedures listed in the Act shall apply to such work refusals and are incorporated by

reference in this Collective Agreement.

20.07 The Employer shall provide the Occupational Health and Safety

Committee with information concerning the conducting of tests/monitoring in or around

the plant for the purpose of occupational health and safety and one of the Committee

members designated by the Union may be present to review testing/monitoring

procedures. On completion of such tests/monitoring, or periodically if the

tests/monitoring are ongoing, the Occupational Health and Safety Committee shall

receive a copy of the tests/monitoring results.

20.08 The issue of safety training for employees shall be referred to the

Occupational Health and Safety Joint Committee with the Committee to make

appropriate. determination within six (6) months of ratification of the Collective

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 43: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I r I I I I I I I I

I

• 46 • · Agreement. The recommendations of the Committee are to be the basis for

implementation.

20.09 The Employer will give a copy' of all W .S.I.B. Form 7's affecting bargaining unit

employees to the Plant WSIB Representative. At the request of an employee, any

attached letter to a Form 7 will be copied and given to the Union upon the employee

signing a Union Disclosure Waiver and subject to issues of confidentiality of third-party

names, medical conditions and similar issues of privacy.

ARTICLE 21 - GENERAL

21.01 Gender-Neutral

Whenever the masculine pronoun is used in this Agreement, it includes

the feminine pronoun where the context or application so requires. Where the singular is

used, it includes the plural where the context or application so requires.

21.02 Non-Discrimination

The parties agree that in accordance with the Ontario Human Rights

Code, there shall be no discrimination against employees by reason of race, ancestry,

place of origin, colour, ethnic origin, citizenship, creed, age, sex, sexual orientation,

record of offenses, marital status, family status, handicap or Union affiliation.

21.03 A Moment of Silence

The Employer will provide for one (1) minute's silence on April 28th of

each year in observance of those workers injured or killed in their workplace.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 44: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 47 • 21.04 Family Support/Garnishee

Where appropriate, pay cheques and T -4's will read "family support" rather

than "garnishee".

21.05 Partial/Total Plant Closure

The Employer shall advise the Union as soon as reasonably possible in

advance of any contemplated shutdown of the operation, including moving any or all of

its operations to a new location, that will affect the employees. Such notice shall be in

writing and indicate the reason for the action.

The Union and the Employer will meet immediately to discuss the

contemplated shutdown with a view to providing a solution to the problem or jobs for the

employees involved.

21.06 Work Re-Entry

(a) In the event an employee becomes permanently incapacitated and is

unable to continue his/her regular job, accommodation will be made in favour of such

employee on the following basis.

If a job vacancy occurs, which such incapacitated employee can perform,

he/she will be placed on such job without necessity of a job posting. A Doctor's

certification of disability by the employee's own Doctor, must be submitted.

The Employer will review all of the circumstances with the Union

Committee before exercising this provision. All exceptions to the seniority provisions of

the Collective Agreement must be mutually agreed to by the parties."

(b) If, for medically-proven health disability, a seniority employee is no longer

able to perform his normal job functions but is capable of regular attendance,

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 45: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 48 • reasonable efforts shall be made to find suitable and available alternate work. The

Employer and the Union shall meet to discuss the situation prior to the Employer

making any final decision.

(c) The Employer decision,,, in Paragraphs (a) and (b) is subject to

grievance/arbitration or appeal to the appropriate authority.

(d) Paragraphs (a) and (b) apply to significant long-term or permanent

alternate work situations; not to return to work with temporary restrictions on the

employee's own job or short-term reassignments.

(e) Where there is a dispute between two (2) positions on the ability of the

employee to return to work, the parties will refer the issue(s) to a mutually-acceptable

independent medical specialist for the purpose of evaluating all aspects of the claim.

This independent medical opinion shall be binding on the Employer, the Union and the

employee.

21.07 Preferred Parking

The Employer will make reasonable accommodation for parking requests

from employees with disabilities or pregnant employees.

21.08 Harassment

The Union and the Employer recognize the problem of sexual and racial

harassment in contemporary society and are committed to ensuring that it does not

occur in our workplace. Harassment is not a joke. It is cruel and destructive behaviour

against others that can have devastating effects. It is an expression of perceived power

and superiority by the harasser(s) over another person, usually for reasons over which

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 46: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

• I

l I l I I I I I I I I I I­

I I •• I

I

• 49 • the victim has little or no control: sex, race, age, creed, colour, marital status, sexual

. preference, disability, political or religious affiliation or place of national origin.

Harassment on any of these grounds can be made the basis of a

complaint to the Ontario Human Rights Commission.

Harassment can be defined as any unwelcome action by any person,

whether verbal or physical, on a single or repeated basis, which humiliates, insults or

degrades.

"Unwelcome" or "unwanted" in this context means any actions which the

harasser knows or ought to know are not desired by the victim of the harassment.

Sexual harassment is any unwanted attention of a sexual nature such as

remarks about appearance or personal life, offensive written or visual actions like graffiti

or degrading pictures, unwanted touching or patting, or sexual demands.

Racial harassment is any action, whether verbal or physical that

expresses or promotes racial hatred in the workplace such as racial slurs, written or

visually offensive actions, jokes or other unwanted comments or acts.

In any instance of harassment, the preferred first avenue of resolution is

for the victim of the harassment to deal directly with the harasser expressing that the

harasser's actions or statements are unwelcome and/or unwanted. If resolution is not

quickly and genuinely attained, the victim should report the incident as soon as possible

to his/her supervisor. If the supervisor is the harasser, the victim should immediately

bring the situation to the attention of the person to whom the supervisor reports.

However, the experience of harassment can be overwhelming for the

victim. People often react with shock, humiliation and intense anger. Therefore, the

STRINGER, BRISBIN, HUMPHREY TORONTO. ONTARIO

Page 47: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I .

I I I I I I I I I I I I I. I I

I

• 50 • victim of harassment may not always feel comfortable going through the normal

channels for resolving such a problem.

Because of the sensitive, personal natures of sexual and racial

harassment complaints, the victim mayi,prefer to seek Union assistance initially. In any

event, whether the victim of the harassment proceeds individually or with the assistance

of his/her Union representative, both the appropriate Employer official and the

appropriate Union official (Local Union President) must be advised of the harassment

complaint as soon as reasonably possible.

The Employer and the Union officials will meet to expedite the resolution

of the issue within ten (10) working days. Such resolution shall be handled as

confidentially as circumstances permit.

ARTICLE 22 • DURATION

22.01 This Agreement shall become effective on the 31st day of August, 2004,

and shall remain in full force and effect and shall not be re-openable save and except as

otherwise herein expressly provided, until the 30th day of August, 2007, and shall

continue automatically thereafter during annual periods of one (1) year each, unless

either party notifies the other party in writing as provided for in Clause 20.02 hereof of

its desire to negotiate amendments to this Agreement.

22.02 Notice that amendments are required shall only be given during the period

of not more than three (3) months and not less than one (1) month prior to the 30th day

of August, 200! or similar annual periods thereafter. If notice of desire to amend this

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 48: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I. • 51 • Agreement is given by either party in accordance with the foregoing, the other party

I . agrees to meet for the purpose of negotiations.

I. DATED AT DELHI, ONTARIO, THIS 31ST DAY OF AUGUST, 2004.

I I I I I I I I I I I I I

I

DELHI INDUSTRIES INC. NA"riONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA, (CAW-CANADA) AND ITS LOCAL 1859

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 49: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I 1:

I I I I I I I I I I. I

I

• !

*

GRADE 50·

GRADE45

GRADE40

GRADE 35.

GRADE30

GRADE 25

GRADE 20

GRADE15

GRADE10

GRADE 5

• 52 • SCHEDULE "A"

EFFECTIVE AUGUST 31,2004 ,,.,

START* AFTER 30 AF"rER 60 DAYs- DAYS

AFTER90 DAYS

(CONTINUOUS DAYS ON JOB)

20.70 20.75 20.76 20.97

20.17 20.23 20.33 20.45

19.95 . 20.01 20.06 20.17

19.71 19.76 19.83 19.95

19.52 19.57 19.63 19.71

19.04 19.20 19.36 19.52

18.56 18.72 18.88 19.04

17.74 18.01 18.28 18.56

17.07 17.34 17.61 17.89

17.07

First· thirty (30) days' probationary period may be waived for employees with more than six (6) months' continuous service.

** First thirty (30) days' probationary period and the next subsequent thirty (30) days to sixty (60) continuous days on job may be waived for employees with more than two (2) years' continuous service.

STRINGER, BRISBIN, HUMPHREY TORONTO. ONTARIO

Page 50: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 53 • SCHEDULE "B"

EFFECTIVE AUGUST 31, 2005

The wage rates set out in Schedule "A" shall be increased by .20¢ per hour across-the-board in addition to increases generated by the Cost of Living Allowance pursuant to Schedule "E".

*

**

First thirty (30) days' probationary period may be waived for employees with more than six (6) months' continuous service.

First thirty (30) days' probationary period and the next subsequent thirty (30) days to sixty (60) continuous days on job may be waived for employees with more than two (2) years' continuous service.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 51: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I· I . I I I I I I I I I.

'I • 54 • SCHEDULE "C"

EFFECTIVE AUGUST 31, 2006

The rates established by Schedule "8" will be increased by a further .20¢ per hour across-the-board in addit.ion to increases generated by the Cost of Living Allowance pursuant to Schedule "E".

••

First thirty (30) days' probationary period may be waived for employees with more than six (6) months' continuous service .

First thirty (30) days' probationary period and the next subsequent thirty (30) days to sixty (60) continuous days on job may be waived for employees with more than two (2) years'.continuous service.

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 52: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

• 55 • SCHEDULE "D"

JOB TITLE & GRADE

COIL FEED & BRAKE PRESS OPERATIONS

PRESS OPERA TOR 3 GR 40 PRESS OPERA TOR 3 GR 40 PRESS OPERA TOR 3 GR 40 PRESS OPERATOR 2 GR 35 PRESS OPERA TOR 2 GR 35 PRESS OPERA TOR 2 GR 35 PRESS OPERA TOR 2 GR 35

TYPICAL FUNCTIONS

21 LJ PRESS 18 LJ PRESS 12' BRAKE PRESS 8' BRAKE PRESS 4' BRAKE PRESS 6' BRAKE PRESS

SHEAR

Lead Hand responsibilities for section paid at GR 50

PUNCH PRESS OPERATIONS

PRESS OPERATOR 2 GR35 PRESS OPERATOR 2 GR 35 PRESS OPERA TOR 2 GR 35 PRESS OPERA TOR 2 GR 35 PRESS OPERA TOR 2 GR 35 PRESS OPERA TOR 2 GR 35 PRESS OPERA TOR 2 GR 35

#5 BLOW PRESS 16 LS PRESS #6 BLOW PRESS ALCECO PULLMAX ROUSELLE 6' LENNOX

Lead Hand responsibilities for section paid at GR 50

WHEEL ROOM OPERATIONS

PRESS OPERATOR MACHINE OPERATOR BEADERISPOTWELDER SPECIALIST MACHINE OPERATOR WHEEL ROOM SHIPPING ASSISTANT

3 GR40 2 GR35

GR30 GR40

1 GR30 GR30

18 LS LOUVRE PRESS BALANCERN&O/STAKE PRESS ROLL/SPOTWELD/BEAD BI/RIVITED WHEELS RIVITER OPERA TOR CENTRE DISC INSTALL/SHIPPING ASSIST AS NEEDED

Lead Hand responsibilities for section paid at GR 45

1·,,----t-----'--,-----.:.___ _______ __;__ __ ---1--

1 STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 53: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I· I I I I I I I I I I

I

I . • 56 • . BLOWER HOUSINGNENTER WELDING OPERATIONS

SPOTWELDER SPOTWELDER FACTORY HELPER

3 1 1

GR35 GR10 GR 10"

SPOTWELD ALL HOUSINGS SPOTWELD BRG BRKTS OFFLOAD PAINT LINE

Lead Hand responsibilities for section paid at GR 45

CABINET SPOTWELDING OPERATIONS

SPOTWELDER SPECIALIST CAB ASSY

3 GR35

GR25 ·

HSG/CAB SPOTWELDING

TWINNING/FRAMES ETC.

Lead Hand responsibilities for section paid at GR 45

CABINET MIG-WELDING OPERATIONS

MIG WELDER MACHINE OPERA TOR SPRAY PAINTER

GR35 2 GR35

GR35

HSG/CAB MIG WELDING DE GREASER ALL SPRAY PAINTING

Lead Hand responsibilities for section paid at GR 45

OEM BLOWER ASSEMBLY OPERATIONS

BLOWER ASSEMBLER BLOWER ASSEMBLER BLOWER ASSEMBLER BLOWER ASSEMBLER MACHINE OPERATOR MACHINE OPERATOR

1 GR30 2 GR35 2 GR35 1 GR30 1 GR30 1 GR 30.

STARTER MOUNTER TESTER PACKER SHAFT POLISH CUT -OFF/SLAB/DEBURR

Lead Hand responsibilities for section paid at GR 45

LINE 1 DISTRIBUTOR ASSEMBLY

ASSEMBLER 2 ASSEMBLER 1

GR 35 ALL DISTRIBUTOR ASSEMBLY GR 30 FILTER SECTION/INSULATION

Lead Hand responsibilities for section paid at GR 45

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 54: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• LINE 2 DISTRIBUTOR ASSEMBLY

ASSEMBLER CRATER CRATER HELPER LIGHT ASSEMBLER

2 GR35 GR35 GR35

2 GR 10

57 • ALL DISTRIBUTOR ASSEMBLY ALL CRATING CRATING/SPRAY PAINTING . MOTOR PLA TFORMSNENTER NUTS

Lead Hand responsibilities for section paid at GR 45

SHIPPING RECEIVING AND WAREHOUSING OPERATIONS

SHIPPER WAREHOUSE HELPER STOREKEEPER RCVG/STOCKROOM ASST LIGHT ASSEMBLER 1

GR40 GR20 GR35

GR30 GR05

ALL SHIPPING/RCVG/WHSG WHSG PROCEDURES ALL STORES RESPONSIBILITIES

RCVG/STOCKROOM HELP SET SCREWS/MOTOR CLIPS ETC.

Lead Hand responsibilities for section paid at GR 45

MISCELLANEOUS

SPECIALIST MAINTENANCE APPRENTICE MATERIAL HANDLER MA T'L HANDLER/ PRESS ROOM HELP FACTORY HELPER 2

MAINTENANCE WORK

To be defined as:

GR50

SPEC.

GR30

GR30 GR25

ALL MAINTENANCE FUNCTIONS

ASSIST - MAINTENANCE

ALL PRESS ROOM MOVEMENT

BR.PRESS HELPER MAT'L MOVEMENT FLOATER

1. if working with a significant degree of complexity on a machine or other piece of equipment, without direct assistance from a maintenance person.

2.

3.

i.e. tearing down or re-assembling;

trouble-shooting (correct diagnosis of problem) and proceeding to fix;

use of skills or knowledge not normally used in regular job. i.e. mechanical, machining.

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 55: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I· I I I I I I· I I I I I I I· I

• 58 • SCH.EDULE "E"

COST OF LIVING ALLOWANCE

During the period of this ~greement, each employee shall receive a cost of living allowance as set forth in this section.

The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index of the base 1986=1 00, hereafter referred to as the "1986 Consumer Price Index" or "1986 CPI".

In determining the three (3) month average of the indexes for a specified period, the computed average shall be rounded to the nearest .1 Index point -- i.e .. 05 and greater rounded upward and less than the .05 rounded downwards.

The COLA shall be computed using the three (3) month average of the 1986 CPI for February, March and April, 2004 as the base period. Cost of Living · Adjustments will be made on a quarterly basis at the following times:

EFFECTIVE DATE OF ADJUSTMENT

First pay period beginning on or after September 1, 2004and at three (3) calendar month intervals thereafter.

BASED UPON THREE (3) MONTH AVERAGE OF THE 1986 CPI FROM

May, June, July, 2004 and at three (3) calendar month intervals thereafter.

One cent (1 ¢) adjustments in the cost of living shall become payable for each .1 increase in the Consumer Price Index.

For purposes of this Collective Agreement, any paid COLA shall be treated as if it were incorporated into the base rate.

In the event Statistics Canada ceases monthly publication of the Consumer Price Index, or changes the form of the basis of calculating the Index, the parties agree to ask Statistics Canada to make available, for the life of this Agreement, a monthly index in its present form and calculated on the same basis as the Index for 1995. '

1--+------------------1---

1 STRINGER. BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 56: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I· I I I I I I I~

I II

I I I I· I

'j • 59 • LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 310 Wellington Road South London, Ontario N6C 4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berto:

Re: · Excessive Heat

The Employer agrees that when the temperature or humidity in a particular

area of the plant reaches an excessive level, the Employer will meet with the Union

Committee to determine a course of action.

c. Ms. C. Shweertman, Plant Chairperson

-~·nnis Coulter Manager of Operations

1--~------------------~-

1 STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 57: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

. '• •• 60 • LETTER OF.UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW·Canada) ..... and its Local 1859 310 Wellington Road South London, Ontario N6C.4P4

Attention: Mr. Fergo Berto National Representative ·

Dear Mr. Berto:

Re: Workers• Compensation

In the event an employee has not received a cheque from the Workplace

. Safety and Insurance Board, and the delay is not due to the employee's failure to supply

information in a timely fashion, the employee can apply for Weekly Indemnity and sign a

waiver form as well as authorization for wage deductions, and thereafter, interim

payments will be processed through the Weekly Indemnity Program.

c. Ms. C. Shweertman, Plant .Chairperson

Yours very truly,

oulter Manager of Operations

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 58: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

. ., • 61 • LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, {CAW-Canada) and its Local 1859 310 Wellington Road South London, Ontario

· N6C4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berta:

Re: Union Office

The Employer will continue during the life of this Agreement to make

space available to the Union· to conduct affairs contemplated by Article 5. Further,

during the life of this Agreement, the parties will meet to discuss options and

alternatives to providing dedicated space for a Union office. If the Employer expands the

plant, it will provide space for a Union office.

Further, the Employer agrees that not later than August 31, 2004, the

Lunchroom shall be available to the Union as a Union office on a shared-use basis.

c. Ms. C. Shweertman, Plant Chairperson

Yours very truly,

-~e!!.J..IJ-'.... oulter Manager of Operations

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 59: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

( • 62 • LETTER OF,.UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 ··1·

31 0 Wellington Road South London, Ontario · N6C 4P4

Attention: Mr. Fergo Berto National Representative.

Dear Mr. Berta:

Re: Contracting Out

No seniority employee shall be laid off as a direct result of the contracting

out of bargaining unit work to another business entity.

c. Ms. C. Shweertman, Plant Chairperson

Yours very truly,

nnis Coulter Manager of Operations

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 60: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I -1 I I I I I I

I

, • 63 • LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 310 Wellington Road South London, Ontario N6C4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berto:

Re: Substance Abuse

Substance abuse is recognized to_ be a serious medical and social

problem that can affect employees. The Employer and the Union have a strong interest

in encouraging early treatment and assisting employees towards full rehabilitation.

The Employer will continue to provide a comprehensive approach to

dealing with substance abuse and its related problems in the workplace. Employer

assistance may include referral of employees to appropriate and available counselling

services or treatment and rehabilitation facilities. !

The Employer will continue to list the employee being treated as eligible

for all normal group insurance benefits while such employee is under a medically­

prescribed course of treatment.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 61: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

( • 64 • Ultimate responsibility for the success or failure of such treatment and

rehabilitation, however, lies with the employee. If he/she does not cooperate to the

fullest extent reasonable in such a program, including post-treatment and follow-up, the . ' .

Employer reserves the right to terminate eligibility for normal group insurance benefits, if

otherwise permitted by the Collective Agreement, and to implement appropriate

measures of discipline or reaction to innocent absenteeism, depending on all relevant

circumstances.

Further, the application or non-application of this substance abuse

program in instances of relapse shall be subject to the grievance procedure considering

· all relevant circumstances including the severity of the relapse, the time passage

between the initial program and the relapse, the level of cooperation on the part of the

employee, the employee's work history and the impact of the relapse on the efficient

operation of the workplace.

c---....:oorinis Coulter Manager of Operations

c. Ms. C. Shweertman, Plant Chairperson

STRINGER. BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 62: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

, • 65 • LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, {CAW-Canada) and its Local1859 31 0 Wellington Road South London. Ontario N6C4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berte:

Re: Sexual Harassment

The Employer and the Union recogni~e the problem of sexual harassment

in workplaces and are committed to ensuring it does not occur at the Employer.

Sexual. harassment shall be defined as including:

1. unnecessary touching or patting;

2.

3.

4.

5.

6.

7.

8.

suggestive remarks or sexually-degrading words used to describe an individual

or other similar verbal abuse;

leering at a person's body;

compromising invitations;

demands for sexual favours;

sexual jokes causing embarrassment;

displaying sexually-offensive ma~erial;

physical assault.

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 63: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 66 • Complaints and/or grievances under this clause will be handled with all

reasonable confidentiality. In dealing with the complaint and/or grievance, every effort

will be made to discipline and re-locate 'the harasser, not the victim.

c. Ms. C. Shweertman, Plant Chairperson

Yours very truly,

nis Coulter Manager of Operations

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 64: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 67 • LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 310 Wellington Road South London, Ontario N6C 4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berta:

Re: Labour-Management Meetings

On the request of either party, the Employer and the Union shall meet at

least once every two (2) months until this Agreement is terminated for the purpose of

discussing issues relating to the workplace which affect the parties bound by this

Agreement.

The parties shall provide each other in writing with the issues they wish to

discuss at such meeting at least two (2) working days in advance of the meeting to

allow for an informed discussion.

Such meetings are not intended to serve as grievance meetings. Such

meetings are not intended to replace the normal communications between Union

stewards and supervisors although it is acknowledged that certain topics may be

appropriately discussed through both routes.

STRINGER. BRISBIN, HUMPHREY

TORONTO, ONTARIO

Page 65: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

c. Ms. C. Shweertman, Plant Chairperson

68 • Yours very truly,

s Coulter Manager of Operations

STRINGER, BRJSBJN, HUMPHREY TORONTO, ONTARIO

Page 66: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

. '( • 69 •

LEITER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local1859 310 Wellington Road South London, Ontario N6C4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berta:

Re: Termination and Severance

The Employer shall abide by the provisions of Part XV of the Employment

Standards Act as they are written at September 4, 2001 in cases where an employee is

terminated or permanently laid off.

c. Ms. C. Shweertman, Plant Chairperson

---·····

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 67: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• 70 • LETTER OF ·uNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) andHsLocal 1859 ~

310 Wellington Road South London, Ontario N6C 4P4

Attention:

Dear Mr. Berto:

c. man, Plant Chairperson

/

Yours very truly,

ager of Operations

STRINGER, BRISBIN, HUMPHREY

TORONTO .• ONTARIO

Page 68: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I -

I I I I I I I I I I I I I I I

I

'( • LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 310 Wellington Road South London, Ontario N6C 4P4

Attention: Mr. Fergo Berte National Representative

Dear Mr. Berta:

Re: Wheel Room

When employees transfer into the Wheel Room Operations to perform

only the components of the Machine Operator 2 job or the Specialist job as set out

below, they will be paid the greater of their regular classification rate of pay or the

following applicable rate:

Machine Operator 2 Notching Grade 30 Stake Press Grade 25

Wheel Room Specialist Welding Biwheel Grade 35 Rivetting Grade 30

Dennis Coulter Manager of Operations

c. Ms. C. Shweertman, Plant Chairperson

STRINGER. BRISBIN. HUMPHREY

TORONTO, ONTARIO

Page 69: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I ~ '(

I I I I I I I I I I I I I I I

• LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local1859 ··1·

310 Wellington Road South London, Ontario N6C4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berto:

Re: Vacation Entitlement

In recognition of long-standing practices, the Employer and the Union

. agree that employees may elect to forego vacation entitlement in excess of the legal

minimum.

The purpose of this agreement is to allow employees to earn extra money

when such opportunities become available and in no way reduces or otherwise affects

the amount of vacation pay to which they are entitled.

Yours very truly,

c. Ms. C. Shweertman, Plant Chairperson

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 70: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I

I I I I I I I I I I I I I I I

I

• LETTER OF UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers Union of Canada, (CAW-Canada) and its Local 1859 31 0 Wellington Road South London, Ontario N6C 4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berta:

Re: Scheduled Weekend Overtime

Scheduled weekend overtime is posted on the Wednesday of the week in

which the overtime is to be worked. Employees who are absent on the Wednesday but

otherwise available and eligible for weekend overtime shall advise the employer in

advance of the Wednesday posting if they wish to work the weekend overtime.

For overtime work on Fridays, there is no penalty when a vacation occurs

during that week. There is no requirement that an employee agree to work Friday

overtime to be eligible for Saturday overtime.

c. Ms. C. Shweertman, Plant Chairperson

STRINGER, BRISBIN, HUMPHREY TORONTO, ONTARIO

Page 71: AUG 0 2 - Ontario Fabricatio… · ARTICLE 2 -RECOGNITION 2.01 Pursuant to a Certificate of the Ontario Labour Relations Board dated the 11th day of February, 1987, the Employer recognizes

I , I

I I· I I I I I I,

I I I I ·I.

I

• LETTER OF,.UNDERSTANDING

National Automobile, Aerospace, Transportation and General Workers · · Union of Canada, (CAW-Canada) and its Local 1859 .. (, 310 Wellington Road South London, Ontario N6C 4P4

Attention: Mr. Fergo Berto National Representative

Dear Mr. Berta:

Re: Joint Health and Safety Committee

Not later than March 25, 2005, the Joint Health and Safety Committee will

begin a review of safety training, will investigate and provide recommendations on

improvements, if required, on lockout procedures and develop work refusal forms.

c. Ms. C. Shweertman, Plant Chairperson

din collective'agreement2004.doc

STRINGER, BRISBIN, HUMPHREY

TORONTO, ONTARIO