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JAN 2 0 2012 COLLECTIVE BARGAINING INFORMATION SERVICES COLLECTIVE AGREEMENT -between- ELRINGKLINGER CANADA INC. -and- NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW- CANADA) AND IT'S LOCAL 1769 CAW.TCA ' . \ www.caw.ca EFFECTIVE THE lBT DAY OF APRIL, 2011 TO THE 3l•T DAY OF MARCH, 2014

CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

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Page 1: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

JAN 2 0 2012

COLLECTIVE BARGAINING INFORMATION SERVICES

COLLECTIVE AGREEMENT -between-

ELRINGKLINGER CANADA INC

-and-

NATIONAL AUTOMOBILE AEROSPACE TRANSPORTATION AND GENERAL

WORKERS UNION OF CANADA (CAWshyCANADA) AND ITS LOCAL 1769

CAWTCA

wwwcawca

EFFECTIVE THE lBT DAY OF APRIL 2011 TO THE 3lbullT DAY OF MARCH 2014

Ministry of Labour Dispute Resolution Services Collective Baraalnlna lnfonnatlon Servlcas Ale No IDq - 0051() - 4-

Cert File ~4-ll- )qql- ~

Cert Date oec otgt I 1qq2

Total Emps 107

Effective Date AAAL 01 tOl

Expiry Date MaQCl tgtl I 20 l-4-

Received [fm Union Empl 0 Other 0 Processed by j ~ZJ

Date Fe6 01 1012

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE 4 ARTICLE 2 - RECOGNITION 4 ARTICLE 3 - MANAGEMENTS RIGHTS 5 ARTICLE 4 - UNION SECURI1Y 5 ARTICLE 5 - STRIKES AND LOCKOliTS 6 ARTICLE 6 - GENERAL 6 ARTICLE 7 - REPRESENTATION ARTICLE 8- GRIEVANCE PROCEDURE lO ARTICLE 9 - ARBITRATION ARTICLE 10- DISCHARGE AND SUSPENSION CASES l3 ARTICLE 11 - DISCIPLINE l4 ARTICLE 12- SEN10RI1Y l4 ARTICLE 13- LAYOFF amp RECALL ARTICLE 14 - POSTING OF JOBS 19 ARTICLE 15- LEAVE OF ABSENCE 22 ARTICLE 16- BULLETIN BOARD 23 ARTICLE 17- HOURS OF WORK 24 ARTICLE 18 - OVERTIME AND OVERTIME RATES 25 ARTICLE 19- SHIFT PREMIUM 29 ARTICLE 20 - WASH-UP 29 ARTICLE 21 - REST PERIOD 29 ARTICLE 22 -REPORTING ALLOWANCE 29 ARTICLE 23- CALL BACK PAY 29 ARTICLE 24- INJURY ALLOWANCE 30 ARTICLE 25 -JURY DU1Y AND SUBPOENAED WITNESS 30 ARTICLE 26- BEREAVEMENT 30 ARTICLE 27- PAYMENT OF WAGES 32 ARTICLE 28- HOLIDAYS 32 ARTICLE 29- VACATIONS 34 ARTICLE 30- HEALTH AND WELFARE 36 ARTICLE 31 -HARASSMENT IN THE WORK PLACE 39 ARTICLE 32- CLASSIFICATION AND WAGE RATES 40 ARTICLE 33- PENSION 40 ARTICLE 34 - SICKNESS DUE TO HEAT 40 ARTICLE 35 -PAID EDUCATION LEAVE 40 ARTICLE 36- HEALTH AND SAFE1Y 41 ARTICLE 37 - SUBSTANCE ABUSE 43 ARTICLE 38 - SKILLED TRADES AND APPRENTICES 44 ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA) 48 ARTICLE 40 - DURATION SO LETTER OF UNDERSTANDING 1- RE BANKING OVERTIME HOURSSI LETTER OF UNDERSTANDING 2- RE LUNCHROOM AND WASHROOM AND FIRST AID 5 I LETTER OF UNDERSTANDING 3- RE TUITION REFUND 51 LETTER OF UNDERSTANDING 4- RE PARKING S2 LETTER OF UNDERSTANDING 5- RE SAFE1Y SHOE ALLOWANCE S2

LEITER OF UNDERSTANDING 6 - RE PERMANENT DISCONTINUANCE OF OPERATIONS 52 LEITER OF UNDERSTANDING 7 RE FITNESS INCENTIVE 52 LEITER OF UNDERSTANDING 8 RE NATIONAL DAY OF MOURNING53 LEITER OF UNDERSTANDING 9- RE NEW EMPLOYEE ORIENTATION 53 LEITER OF UNDERSTANDING 10 - RE COPY OF AGREEMENT 54 LEITER OF UNDERSTANDING 11 - RE SHifT SCHEDULING 54 LETTER OF UNDERSTANDING 12- RE TIME LIMITS 55 LEITER OF UNDERSTANDING 13- RE CLOTHING ALLOWANCE 55 LEITER OF UNDERSTANDING 14- RE ELECTRICIAN LICENCE 56 LEITER OF UNDERSTANDING 15 - RE BACK-UP PROCEDURE 56 LEITER OF UNDERSTANDING 16- RE STANDARD PROCEDURE-EMERGENCY TELEPHONE CALLS 51 LEITER OF UNDERSTANDING 17 - RE TEMPORARY PARr TIME EMPLOYEES 57 LEITER OF UNDERSTANDING 18 RE ADDITIONAL MANPOWER 57 LEITER OF UNDERSTANDING 19 RE MOLD TECH TRAlNING PROGRESSION 58 LEITER OF UNDERSTANDING 20 RE VENTilATION 59 LEITER OF UNDERSTANDING 21 - RE LOCKERS 59 LEITER OF UNDERSTANDING 22 RE SKILLED TRADES ASSIGNMENT OF WORK 60 LEITER OF UNDERSTANDING 23- RE DOCTORS NOTES 60 LEITER OF UNDERSTANDING 24- RE JOB POSTING 61 LEITER OF UNDERSTANDING 25- RE SKILLED TRADES VACATION61 LEITER OF UNDERSTANDING 26 - RE STUDENTS 61 LEITER OF UNDERSTANDING 27- RE ARTICLE 2806 61 LEITER OF UNDERSTANDING 28 RE JOB ROTATION 62 SCHEDULE N- ClASSIFICATIONS amp WAGES 63 SCHEDULE B- EMPLOYEE LOAN WAIVER 64 SCHEDULE C- HOLIDAY SCHEDULE 65

ARTICLE 1 - PURPOSEmiddot

101 The general purpose of this agreement is to establish and maintain collective bargaining relations between the company and its employees and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work wages and all other conditions of employment for all employees who are subject to the provisions of this Agreement

ARTICLE 2 _- RECOGNmON

201 The Company recognizes that the Union Is the sole and exclusive bargaining agent for all employees of the Company in the Counties of Essex and Kent save and except co-ordinator(s) persons above the rank of co-ordinator engineers process engineers technical support office and sales staff

202 (a)

(b)

Co-ordinators and other persons excluded by Article 201 will not perform any work usually performed by employees in the bargaining unit except in cases of emergency for purposes of training or instructing bargaining unit employees for experimentation tryout or prototype work however the company will endeavour to use appropriate bargaining unit personnel to assist with prototype and tryout work on site or when reasonable attempts by bargaining unit employees to resolve a problem have been unsuccessful or in emergencies when regular employees are not Immediately available An emergency exists when action must be taken Immediately however an attempt shall be made to contact the employees normally performing the work without unreasonable delay The Company will advise the Union the extent of work so performed prior to the work commencing where possible

In no event will hours of work or overtime opportunity for any bargaining unit employee be reduced by co-ordinators engineers process engineers technical support office and sales staff and persons above the rank of co-ordinator performing bargaining unit work

203 The Company may employ students during the summer vacation period (May through September) to do bargaining unit work Students so employed shall not be considered seniority employees but shall be considered probationary employees for all purposes of this agreement

204 The Company will supply the Union with a list of co-ordinators and will keep such list up to date at all Urnes

ARTICLE 3- MANAGEMENTS RIGHTS

301 The Union acknowledges that it is the exclusive rtght of the Management of the Company to hire layoff classify transfer promote demote or discipline or discharge seniortty employees for just cause subject to the provisions of this agreement

302 The Union acknowledges the exclusive rtght of the Company to operate and manage its business tn all aspects and without restricting the generality of the foregoing to maintain order and efficiency and to determine the number and location of work areas the methods to be used in operations schedules kinds and location of machines and tools to be used processes of manufacturtng repairtng and warehousing to make and enforce reasonable n~les and the control of matertal and parts to be used

The Union further acknowledges that all rtghts powers and authortty of the Company are retained by the Company except those abrtdged or modified by this Agreement and any supplementary agreements that may hereafter be made

The above functions will be exercised in a manner not inconsistent with the terms of this Agreement

Changes to company policies n1les and regulations will be discussed with the Union prtor to implementation

ARTICLE 4 - UNION SECURITY

401 All employees who are Members of the Union as of the date of this Agreement will be required to continue to be Members of the Union as a condition of employment with the Company Any employee who is hired subsequent to the date of this Agreement shall become a Member of the Union within thirty (30) days of hisher hiring and will be required to continue to be a Member of the Union as a condition of hisher employment

402 The Company agrees when authorized in wrtting by the Union to deduct from the wages of all employees within the Bargaining Unit whether Union Members or not Union initiation fees and monthly dues as laid down by the constitution and by-laws of the Union and such monies will be held in trust for the Union At the end of each calendar month and by the 1Oth of the following month the Company will remit by cheque to the Financial Secretary of Local 1769 CAW the total of the deductions made together with a list of those from whom deductions were made and a list of those members who did not have union dues deducted and the reason why no deduction took place

Pbulllbull 5of65

403 The Company shall provide the National Union and the Local Union with an updated mailing list on a quarterly basis

404 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees wages in accordance with this Agreement

405 The Company will indicate on Employees T-4 slip a statement of the annual union dues which have been deducted

406 In the event an employee does not receive a pay cheque in the week in which union dues are deducted such dues will be deducted from hisher next cheque or from the next dues deduction period In no event will two months dues be deducted from the same pay week

ARTICLE 5 - STRIKES AND LOCKOUTS

501 The parties hereto agree that there shall be no lockouts by the company no strikes or other collective action which will stop or interfere with production or operation of the plant by any employee or the union during the term of this agreement

ARTICLE 6 - GENERAL

601 No Discrimination The Company and the Union mutually agree that they will not discriminate against any employee because of race colour age sex religion creed national origin ancestry previous criminal record political affiliation any disability sexual orientation marital status dependants of the employee or status or membership in the Union It is agreed that the Ontario Human Rights Code shall apply to the terms administration and operation of the Collective Agreement

602 Pay Equity Legislation The Company and the Union recognize the Pay Equity Legislation in the ProVince of Ontario and agree to negotiate the provisions addressing this legislation where so prescribed

603 Technological Change (a) Technological change is defmed as changes in technology to the

process equipment or methods that significantly differ from that previously utilized by the Company In the event of technological changes as defmed above the Company shall give the Union as much advance notice as possible and will discuss with the Union any anticipated impact on the workforce resulting from these changes

Pete 6of65

[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

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2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 2: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

Ministry of Labour Dispute Resolution Services Collective Baraalnlna lnfonnatlon Servlcas Ale No IDq - 0051() - 4-

Cert File ~4-ll- )qql- ~

Cert Date oec otgt I 1qq2

Total Emps 107

Effective Date AAAL 01 tOl

Expiry Date MaQCl tgtl I 20 l-4-

Received [fm Union Empl 0 Other 0 Processed by j ~ZJ

Date Fe6 01 1012

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE 4 ARTICLE 2 - RECOGNITION 4 ARTICLE 3 - MANAGEMENTS RIGHTS 5 ARTICLE 4 - UNION SECURI1Y 5 ARTICLE 5 - STRIKES AND LOCKOliTS 6 ARTICLE 6 - GENERAL 6 ARTICLE 7 - REPRESENTATION ARTICLE 8- GRIEVANCE PROCEDURE lO ARTICLE 9 - ARBITRATION ARTICLE 10- DISCHARGE AND SUSPENSION CASES l3 ARTICLE 11 - DISCIPLINE l4 ARTICLE 12- SEN10RI1Y l4 ARTICLE 13- LAYOFF amp RECALL ARTICLE 14 - POSTING OF JOBS 19 ARTICLE 15- LEAVE OF ABSENCE 22 ARTICLE 16- BULLETIN BOARD 23 ARTICLE 17- HOURS OF WORK 24 ARTICLE 18 - OVERTIME AND OVERTIME RATES 25 ARTICLE 19- SHIFT PREMIUM 29 ARTICLE 20 - WASH-UP 29 ARTICLE 21 - REST PERIOD 29 ARTICLE 22 -REPORTING ALLOWANCE 29 ARTICLE 23- CALL BACK PAY 29 ARTICLE 24- INJURY ALLOWANCE 30 ARTICLE 25 -JURY DU1Y AND SUBPOENAED WITNESS 30 ARTICLE 26- BEREAVEMENT 30 ARTICLE 27- PAYMENT OF WAGES 32 ARTICLE 28- HOLIDAYS 32 ARTICLE 29- VACATIONS 34 ARTICLE 30- HEALTH AND WELFARE 36 ARTICLE 31 -HARASSMENT IN THE WORK PLACE 39 ARTICLE 32- CLASSIFICATION AND WAGE RATES 40 ARTICLE 33- PENSION 40 ARTICLE 34 - SICKNESS DUE TO HEAT 40 ARTICLE 35 -PAID EDUCATION LEAVE 40 ARTICLE 36- HEALTH AND SAFE1Y 41 ARTICLE 37 - SUBSTANCE ABUSE 43 ARTICLE 38 - SKILLED TRADES AND APPRENTICES 44 ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA) 48 ARTICLE 40 - DURATION SO LETTER OF UNDERSTANDING 1- RE BANKING OVERTIME HOURSSI LETTER OF UNDERSTANDING 2- RE LUNCHROOM AND WASHROOM AND FIRST AID 5 I LETTER OF UNDERSTANDING 3- RE TUITION REFUND 51 LETTER OF UNDERSTANDING 4- RE PARKING S2 LETTER OF UNDERSTANDING 5- RE SAFE1Y SHOE ALLOWANCE S2

LEITER OF UNDERSTANDING 6 - RE PERMANENT DISCONTINUANCE OF OPERATIONS 52 LEITER OF UNDERSTANDING 7 RE FITNESS INCENTIVE 52 LEITER OF UNDERSTANDING 8 RE NATIONAL DAY OF MOURNING53 LEITER OF UNDERSTANDING 9- RE NEW EMPLOYEE ORIENTATION 53 LEITER OF UNDERSTANDING 10 - RE COPY OF AGREEMENT 54 LEITER OF UNDERSTANDING 11 - RE SHifT SCHEDULING 54 LETTER OF UNDERSTANDING 12- RE TIME LIMITS 55 LEITER OF UNDERSTANDING 13- RE CLOTHING ALLOWANCE 55 LEITER OF UNDERSTANDING 14- RE ELECTRICIAN LICENCE 56 LEITER OF UNDERSTANDING 15 - RE BACK-UP PROCEDURE 56 LEITER OF UNDERSTANDING 16- RE STANDARD PROCEDURE-EMERGENCY TELEPHONE CALLS 51 LEITER OF UNDERSTANDING 17 - RE TEMPORARY PARr TIME EMPLOYEES 57 LEITER OF UNDERSTANDING 18 RE ADDITIONAL MANPOWER 57 LEITER OF UNDERSTANDING 19 RE MOLD TECH TRAlNING PROGRESSION 58 LEITER OF UNDERSTANDING 20 RE VENTilATION 59 LEITER OF UNDERSTANDING 21 - RE LOCKERS 59 LEITER OF UNDERSTANDING 22 RE SKILLED TRADES ASSIGNMENT OF WORK 60 LEITER OF UNDERSTANDING 23- RE DOCTORS NOTES 60 LEITER OF UNDERSTANDING 24- RE JOB POSTING 61 LEITER OF UNDERSTANDING 25- RE SKILLED TRADES VACATION61 LEITER OF UNDERSTANDING 26 - RE STUDENTS 61 LEITER OF UNDERSTANDING 27- RE ARTICLE 2806 61 LEITER OF UNDERSTANDING 28 RE JOB ROTATION 62 SCHEDULE N- ClASSIFICATIONS amp WAGES 63 SCHEDULE B- EMPLOYEE LOAN WAIVER 64 SCHEDULE C- HOLIDAY SCHEDULE 65

ARTICLE 1 - PURPOSEmiddot

101 The general purpose of this agreement is to establish and maintain collective bargaining relations between the company and its employees and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work wages and all other conditions of employment for all employees who are subject to the provisions of this Agreement

ARTICLE 2 _- RECOGNmON

201 The Company recognizes that the Union Is the sole and exclusive bargaining agent for all employees of the Company in the Counties of Essex and Kent save and except co-ordinator(s) persons above the rank of co-ordinator engineers process engineers technical support office and sales staff

202 (a)

(b)

Co-ordinators and other persons excluded by Article 201 will not perform any work usually performed by employees in the bargaining unit except in cases of emergency for purposes of training or instructing bargaining unit employees for experimentation tryout or prototype work however the company will endeavour to use appropriate bargaining unit personnel to assist with prototype and tryout work on site or when reasonable attempts by bargaining unit employees to resolve a problem have been unsuccessful or in emergencies when regular employees are not Immediately available An emergency exists when action must be taken Immediately however an attempt shall be made to contact the employees normally performing the work without unreasonable delay The Company will advise the Union the extent of work so performed prior to the work commencing where possible

In no event will hours of work or overtime opportunity for any bargaining unit employee be reduced by co-ordinators engineers process engineers technical support office and sales staff and persons above the rank of co-ordinator performing bargaining unit work

203 The Company may employ students during the summer vacation period (May through September) to do bargaining unit work Students so employed shall not be considered seniority employees but shall be considered probationary employees for all purposes of this agreement

204 The Company will supply the Union with a list of co-ordinators and will keep such list up to date at all Urnes

ARTICLE 3- MANAGEMENTS RIGHTS

301 The Union acknowledges that it is the exclusive rtght of the Management of the Company to hire layoff classify transfer promote demote or discipline or discharge seniortty employees for just cause subject to the provisions of this agreement

302 The Union acknowledges the exclusive rtght of the Company to operate and manage its business tn all aspects and without restricting the generality of the foregoing to maintain order and efficiency and to determine the number and location of work areas the methods to be used in operations schedules kinds and location of machines and tools to be used processes of manufacturtng repairtng and warehousing to make and enforce reasonable n~les and the control of matertal and parts to be used

The Union further acknowledges that all rtghts powers and authortty of the Company are retained by the Company except those abrtdged or modified by this Agreement and any supplementary agreements that may hereafter be made

The above functions will be exercised in a manner not inconsistent with the terms of this Agreement

Changes to company policies n1les and regulations will be discussed with the Union prtor to implementation

ARTICLE 4 - UNION SECURITY

401 All employees who are Members of the Union as of the date of this Agreement will be required to continue to be Members of the Union as a condition of employment with the Company Any employee who is hired subsequent to the date of this Agreement shall become a Member of the Union within thirty (30) days of hisher hiring and will be required to continue to be a Member of the Union as a condition of hisher employment

402 The Company agrees when authorized in wrtting by the Union to deduct from the wages of all employees within the Bargaining Unit whether Union Members or not Union initiation fees and monthly dues as laid down by the constitution and by-laws of the Union and such monies will be held in trust for the Union At the end of each calendar month and by the 1Oth of the following month the Company will remit by cheque to the Financial Secretary of Local 1769 CAW the total of the deductions made together with a list of those from whom deductions were made and a list of those members who did not have union dues deducted and the reason why no deduction took place

Pbulllbull 5of65

403 The Company shall provide the National Union and the Local Union with an updated mailing list on a quarterly basis

404 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees wages in accordance with this Agreement

405 The Company will indicate on Employees T-4 slip a statement of the annual union dues which have been deducted

406 In the event an employee does not receive a pay cheque in the week in which union dues are deducted such dues will be deducted from hisher next cheque or from the next dues deduction period In no event will two months dues be deducted from the same pay week

ARTICLE 5 - STRIKES AND LOCKOUTS

501 The parties hereto agree that there shall be no lockouts by the company no strikes or other collective action which will stop or interfere with production or operation of the plant by any employee or the union during the term of this agreement

ARTICLE 6 - GENERAL

601 No Discrimination The Company and the Union mutually agree that they will not discriminate against any employee because of race colour age sex religion creed national origin ancestry previous criminal record political affiliation any disability sexual orientation marital status dependants of the employee or status or membership in the Union It is agreed that the Ontario Human Rights Code shall apply to the terms administration and operation of the Collective Agreement

602 Pay Equity Legislation The Company and the Union recognize the Pay Equity Legislation in the ProVince of Ontario and agree to negotiate the provisions addressing this legislation where so prescribed

603 Technological Change (a) Technological change is defmed as changes in technology to the

process equipment or methods that significantly differ from that previously utilized by the Company In the event of technological changes as defmed above the Company shall give the Union as much advance notice as possible and will discuss with the Union any anticipated impact on the workforce resulting from these changes

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[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 3: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE 4 ARTICLE 2 - RECOGNITION 4 ARTICLE 3 - MANAGEMENTS RIGHTS 5 ARTICLE 4 - UNION SECURI1Y 5 ARTICLE 5 - STRIKES AND LOCKOliTS 6 ARTICLE 6 - GENERAL 6 ARTICLE 7 - REPRESENTATION ARTICLE 8- GRIEVANCE PROCEDURE lO ARTICLE 9 - ARBITRATION ARTICLE 10- DISCHARGE AND SUSPENSION CASES l3 ARTICLE 11 - DISCIPLINE l4 ARTICLE 12- SEN10RI1Y l4 ARTICLE 13- LAYOFF amp RECALL ARTICLE 14 - POSTING OF JOBS 19 ARTICLE 15- LEAVE OF ABSENCE 22 ARTICLE 16- BULLETIN BOARD 23 ARTICLE 17- HOURS OF WORK 24 ARTICLE 18 - OVERTIME AND OVERTIME RATES 25 ARTICLE 19- SHIFT PREMIUM 29 ARTICLE 20 - WASH-UP 29 ARTICLE 21 - REST PERIOD 29 ARTICLE 22 -REPORTING ALLOWANCE 29 ARTICLE 23- CALL BACK PAY 29 ARTICLE 24- INJURY ALLOWANCE 30 ARTICLE 25 -JURY DU1Y AND SUBPOENAED WITNESS 30 ARTICLE 26- BEREAVEMENT 30 ARTICLE 27- PAYMENT OF WAGES 32 ARTICLE 28- HOLIDAYS 32 ARTICLE 29- VACATIONS 34 ARTICLE 30- HEALTH AND WELFARE 36 ARTICLE 31 -HARASSMENT IN THE WORK PLACE 39 ARTICLE 32- CLASSIFICATION AND WAGE RATES 40 ARTICLE 33- PENSION 40 ARTICLE 34 - SICKNESS DUE TO HEAT 40 ARTICLE 35 -PAID EDUCATION LEAVE 40 ARTICLE 36- HEALTH AND SAFE1Y 41 ARTICLE 37 - SUBSTANCE ABUSE 43 ARTICLE 38 - SKILLED TRADES AND APPRENTICES 44 ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA) 48 ARTICLE 40 - DURATION SO LETTER OF UNDERSTANDING 1- RE BANKING OVERTIME HOURSSI LETTER OF UNDERSTANDING 2- RE LUNCHROOM AND WASHROOM AND FIRST AID 5 I LETTER OF UNDERSTANDING 3- RE TUITION REFUND 51 LETTER OF UNDERSTANDING 4- RE PARKING S2 LETTER OF UNDERSTANDING 5- RE SAFE1Y SHOE ALLOWANCE S2

LEITER OF UNDERSTANDING 6 - RE PERMANENT DISCONTINUANCE OF OPERATIONS 52 LEITER OF UNDERSTANDING 7 RE FITNESS INCENTIVE 52 LEITER OF UNDERSTANDING 8 RE NATIONAL DAY OF MOURNING53 LEITER OF UNDERSTANDING 9- RE NEW EMPLOYEE ORIENTATION 53 LEITER OF UNDERSTANDING 10 - RE COPY OF AGREEMENT 54 LEITER OF UNDERSTANDING 11 - RE SHifT SCHEDULING 54 LETTER OF UNDERSTANDING 12- RE TIME LIMITS 55 LEITER OF UNDERSTANDING 13- RE CLOTHING ALLOWANCE 55 LEITER OF UNDERSTANDING 14- RE ELECTRICIAN LICENCE 56 LEITER OF UNDERSTANDING 15 - RE BACK-UP PROCEDURE 56 LEITER OF UNDERSTANDING 16- RE STANDARD PROCEDURE-EMERGENCY TELEPHONE CALLS 51 LEITER OF UNDERSTANDING 17 - RE TEMPORARY PARr TIME EMPLOYEES 57 LEITER OF UNDERSTANDING 18 RE ADDITIONAL MANPOWER 57 LEITER OF UNDERSTANDING 19 RE MOLD TECH TRAlNING PROGRESSION 58 LEITER OF UNDERSTANDING 20 RE VENTilATION 59 LEITER OF UNDERSTANDING 21 - RE LOCKERS 59 LEITER OF UNDERSTANDING 22 RE SKILLED TRADES ASSIGNMENT OF WORK 60 LEITER OF UNDERSTANDING 23- RE DOCTORS NOTES 60 LEITER OF UNDERSTANDING 24- RE JOB POSTING 61 LEITER OF UNDERSTANDING 25- RE SKILLED TRADES VACATION61 LEITER OF UNDERSTANDING 26 - RE STUDENTS 61 LEITER OF UNDERSTANDING 27- RE ARTICLE 2806 61 LEITER OF UNDERSTANDING 28 RE JOB ROTATION 62 SCHEDULE N- ClASSIFICATIONS amp WAGES 63 SCHEDULE B- EMPLOYEE LOAN WAIVER 64 SCHEDULE C- HOLIDAY SCHEDULE 65

ARTICLE 1 - PURPOSEmiddot

101 The general purpose of this agreement is to establish and maintain collective bargaining relations between the company and its employees and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work wages and all other conditions of employment for all employees who are subject to the provisions of this Agreement

ARTICLE 2 _- RECOGNmON

201 The Company recognizes that the Union Is the sole and exclusive bargaining agent for all employees of the Company in the Counties of Essex and Kent save and except co-ordinator(s) persons above the rank of co-ordinator engineers process engineers technical support office and sales staff

202 (a)

(b)

Co-ordinators and other persons excluded by Article 201 will not perform any work usually performed by employees in the bargaining unit except in cases of emergency for purposes of training or instructing bargaining unit employees for experimentation tryout or prototype work however the company will endeavour to use appropriate bargaining unit personnel to assist with prototype and tryout work on site or when reasonable attempts by bargaining unit employees to resolve a problem have been unsuccessful or in emergencies when regular employees are not Immediately available An emergency exists when action must be taken Immediately however an attempt shall be made to contact the employees normally performing the work without unreasonable delay The Company will advise the Union the extent of work so performed prior to the work commencing where possible

In no event will hours of work or overtime opportunity for any bargaining unit employee be reduced by co-ordinators engineers process engineers technical support office and sales staff and persons above the rank of co-ordinator performing bargaining unit work

203 The Company may employ students during the summer vacation period (May through September) to do bargaining unit work Students so employed shall not be considered seniority employees but shall be considered probationary employees for all purposes of this agreement

204 The Company will supply the Union with a list of co-ordinators and will keep such list up to date at all Urnes

ARTICLE 3- MANAGEMENTS RIGHTS

301 The Union acknowledges that it is the exclusive rtght of the Management of the Company to hire layoff classify transfer promote demote or discipline or discharge seniortty employees for just cause subject to the provisions of this agreement

302 The Union acknowledges the exclusive rtght of the Company to operate and manage its business tn all aspects and without restricting the generality of the foregoing to maintain order and efficiency and to determine the number and location of work areas the methods to be used in operations schedules kinds and location of machines and tools to be used processes of manufacturtng repairtng and warehousing to make and enforce reasonable n~les and the control of matertal and parts to be used

The Union further acknowledges that all rtghts powers and authortty of the Company are retained by the Company except those abrtdged or modified by this Agreement and any supplementary agreements that may hereafter be made

The above functions will be exercised in a manner not inconsistent with the terms of this Agreement

Changes to company policies n1les and regulations will be discussed with the Union prtor to implementation

ARTICLE 4 - UNION SECURITY

401 All employees who are Members of the Union as of the date of this Agreement will be required to continue to be Members of the Union as a condition of employment with the Company Any employee who is hired subsequent to the date of this Agreement shall become a Member of the Union within thirty (30) days of hisher hiring and will be required to continue to be a Member of the Union as a condition of hisher employment

402 The Company agrees when authorized in wrtting by the Union to deduct from the wages of all employees within the Bargaining Unit whether Union Members or not Union initiation fees and monthly dues as laid down by the constitution and by-laws of the Union and such monies will be held in trust for the Union At the end of each calendar month and by the 1Oth of the following month the Company will remit by cheque to the Financial Secretary of Local 1769 CAW the total of the deductions made together with a list of those from whom deductions were made and a list of those members who did not have union dues deducted and the reason why no deduction took place

Pbulllbull 5of65

403 The Company shall provide the National Union and the Local Union with an updated mailing list on a quarterly basis

404 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees wages in accordance with this Agreement

405 The Company will indicate on Employees T-4 slip a statement of the annual union dues which have been deducted

406 In the event an employee does not receive a pay cheque in the week in which union dues are deducted such dues will be deducted from hisher next cheque or from the next dues deduction period In no event will two months dues be deducted from the same pay week

ARTICLE 5 - STRIKES AND LOCKOUTS

501 The parties hereto agree that there shall be no lockouts by the company no strikes or other collective action which will stop or interfere with production or operation of the plant by any employee or the union during the term of this agreement

ARTICLE 6 - GENERAL

601 No Discrimination The Company and the Union mutually agree that they will not discriminate against any employee because of race colour age sex religion creed national origin ancestry previous criminal record political affiliation any disability sexual orientation marital status dependants of the employee or status or membership in the Union It is agreed that the Ontario Human Rights Code shall apply to the terms administration and operation of the Collective Agreement

602 Pay Equity Legislation The Company and the Union recognize the Pay Equity Legislation in the ProVince of Ontario and agree to negotiate the provisions addressing this legislation where so prescribed

603 Technological Change (a) Technological change is defmed as changes in technology to the

process equipment or methods that significantly differ from that previously utilized by the Company In the event of technological changes as defmed above the Company shall give the Union as much advance notice as possible and will discuss with the Union any anticipated impact on the workforce resulting from these changes

Pete 6of65

[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 4: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

LEITER OF UNDERSTANDING 6 - RE PERMANENT DISCONTINUANCE OF OPERATIONS 52 LEITER OF UNDERSTANDING 7 RE FITNESS INCENTIVE 52 LEITER OF UNDERSTANDING 8 RE NATIONAL DAY OF MOURNING53 LEITER OF UNDERSTANDING 9- RE NEW EMPLOYEE ORIENTATION 53 LEITER OF UNDERSTANDING 10 - RE COPY OF AGREEMENT 54 LEITER OF UNDERSTANDING 11 - RE SHifT SCHEDULING 54 LETTER OF UNDERSTANDING 12- RE TIME LIMITS 55 LEITER OF UNDERSTANDING 13- RE CLOTHING ALLOWANCE 55 LEITER OF UNDERSTANDING 14- RE ELECTRICIAN LICENCE 56 LEITER OF UNDERSTANDING 15 - RE BACK-UP PROCEDURE 56 LEITER OF UNDERSTANDING 16- RE STANDARD PROCEDURE-EMERGENCY TELEPHONE CALLS 51 LEITER OF UNDERSTANDING 17 - RE TEMPORARY PARr TIME EMPLOYEES 57 LEITER OF UNDERSTANDING 18 RE ADDITIONAL MANPOWER 57 LEITER OF UNDERSTANDING 19 RE MOLD TECH TRAlNING PROGRESSION 58 LEITER OF UNDERSTANDING 20 RE VENTilATION 59 LEITER OF UNDERSTANDING 21 - RE LOCKERS 59 LEITER OF UNDERSTANDING 22 RE SKILLED TRADES ASSIGNMENT OF WORK 60 LEITER OF UNDERSTANDING 23- RE DOCTORS NOTES 60 LEITER OF UNDERSTANDING 24- RE JOB POSTING 61 LEITER OF UNDERSTANDING 25- RE SKILLED TRADES VACATION61 LEITER OF UNDERSTANDING 26 - RE STUDENTS 61 LEITER OF UNDERSTANDING 27- RE ARTICLE 2806 61 LEITER OF UNDERSTANDING 28 RE JOB ROTATION 62 SCHEDULE N- ClASSIFICATIONS amp WAGES 63 SCHEDULE B- EMPLOYEE LOAN WAIVER 64 SCHEDULE C- HOLIDAY SCHEDULE 65

ARTICLE 1 - PURPOSEmiddot

101 The general purpose of this agreement is to establish and maintain collective bargaining relations between the company and its employees and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work wages and all other conditions of employment for all employees who are subject to the provisions of this Agreement

ARTICLE 2 _- RECOGNmON

201 The Company recognizes that the Union Is the sole and exclusive bargaining agent for all employees of the Company in the Counties of Essex and Kent save and except co-ordinator(s) persons above the rank of co-ordinator engineers process engineers technical support office and sales staff

202 (a)

(b)

Co-ordinators and other persons excluded by Article 201 will not perform any work usually performed by employees in the bargaining unit except in cases of emergency for purposes of training or instructing bargaining unit employees for experimentation tryout or prototype work however the company will endeavour to use appropriate bargaining unit personnel to assist with prototype and tryout work on site or when reasonable attempts by bargaining unit employees to resolve a problem have been unsuccessful or in emergencies when regular employees are not Immediately available An emergency exists when action must be taken Immediately however an attempt shall be made to contact the employees normally performing the work without unreasonable delay The Company will advise the Union the extent of work so performed prior to the work commencing where possible

In no event will hours of work or overtime opportunity for any bargaining unit employee be reduced by co-ordinators engineers process engineers technical support office and sales staff and persons above the rank of co-ordinator performing bargaining unit work

203 The Company may employ students during the summer vacation period (May through September) to do bargaining unit work Students so employed shall not be considered seniority employees but shall be considered probationary employees for all purposes of this agreement

204 The Company will supply the Union with a list of co-ordinators and will keep such list up to date at all Urnes

ARTICLE 3- MANAGEMENTS RIGHTS

301 The Union acknowledges that it is the exclusive rtght of the Management of the Company to hire layoff classify transfer promote demote or discipline or discharge seniortty employees for just cause subject to the provisions of this agreement

302 The Union acknowledges the exclusive rtght of the Company to operate and manage its business tn all aspects and without restricting the generality of the foregoing to maintain order and efficiency and to determine the number and location of work areas the methods to be used in operations schedules kinds and location of machines and tools to be used processes of manufacturtng repairtng and warehousing to make and enforce reasonable n~les and the control of matertal and parts to be used

The Union further acknowledges that all rtghts powers and authortty of the Company are retained by the Company except those abrtdged or modified by this Agreement and any supplementary agreements that may hereafter be made

The above functions will be exercised in a manner not inconsistent with the terms of this Agreement

Changes to company policies n1les and regulations will be discussed with the Union prtor to implementation

ARTICLE 4 - UNION SECURITY

401 All employees who are Members of the Union as of the date of this Agreement will be required to continue to be Members of the Union as a condition of employment with the Company Any employee who is hired subsequent to the date of this Agreement shall become a Member of the Union within thirty (30) days of hisher hiring and will be required to continue to be a Member of the Union as a condition of hisher employment

402 The Company agrees when authorized in wrtting by the Union to deduct from the wages of all employees within the Bargaining Unit whether Union Members or not Union initiation fees and monthly dues as laid down by the constitution and by-laws of the Union and such monies will be held in trust for the Union At the end of each calendar month and by the 1Oth of the following month the Company will remit by cheque to the Financial Secretary of Local 1769 CAW the total of the deductions made together with a list of those from whom deductions were made and a list of those members who did not have union dues deducted and the reason why no deduction took place

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403 The Company shall provide the National Union and the Local Union with an updated mailing list on a quarterly basis

404 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees wages in accordance with this Agreement

405 The Company will indicate on Employees T-4 slip a statement of the annual union dues which have been deducted

406 In the event an employee does not receive a pay cheque in the week in which union dues are deducted such dues will be deducted from hisher next cheque or from the next dues deduction period In no event will two months dues be deducted from the same pay week

ARTICLE 5 - STRIKES AND LOCKOUTS

501 The parties hereto agree that there shall be no lockouts by the company no strikes or other collective action which will stop or interfere with production or operation of the plant by any employee or the union during the term of this agreement

ARTICLE 6 - GENERAL

601 No Discrimination The Company and the Union mutually agree that they will not discriminate against any employee because of race colour age sex religion creed national origin ancestry previous criminal record political affiliation any disability sexual orientation marital status dependants of the employee or status or membership in the Union It is agreed that the Ontario Human Rights Code shall apply to the terms administration and operation of the Collective Agreement

602 Pay Equity Legislation The Company and the Union recognize the Pay Equity Legislation in the ProVince of Ontario and agree to negotiate the provisions addressing this legislation where so prescribed

603 Technological Change (a) Technological change is defmed as changes in technology to the

process equipment or methods that significantly differ from that previously utilized by the Company In the event of technological changes as defmed above the Company shall give the Union as much advance notice as possible and will discuss with the Union any anticipated impact on the workforce resulting from these changes

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[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 5: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 1 - PURPOSEmiddot

101 The general purpose of this agreement is to establish and maintain collective bargaining relations between the company and its employees and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work wages and all other conditions of employment for all employees who are subject to the provisions of this Agreement

ARTICLE 2 _- RECOGNmON

201 The Company recognizes that the Union Is the sole and exclusive bargaining agent for all employees of the Company in the Counties of Essex and Kent save and except co-ordinator(s) persons above the rank of co-ordinator engineers process engineers technical support office and sales staff

202 (a)

(b)

Co-ordinators and other persons excluded by Article 201 will not perform any work usually performed by employees in the bargaining unit except in cases of emergency for purposes of training or instructing bargaining unit employees for experimentation tryout or prototype work however the company will endeavour to use appropriate bargaining unit personnel to assist with prototype and tryout work on site or when reasonable attempts by bargaining unit employees to resolve a problem have been unsuccessful or in emergencies when regular employees are not Immediately available An emergency exists when action must be taken Immediately however an attempt shall be made to contact the employees normally performing the work without unreasonable delay The Company will advise the Union the extent of work so performed prior to the work commencing where possible

In no event will hours of work or overtime opportunity for any bargaining unit employee be reduced by co-ordinators engineers process engineers technical support office and sales staff and persons above the rank of co-ordinator performing bargaining unit work

203 The Company may employ students during the summer vacation period (May through September) to do bargaining unit work Students so employed shall not be considered seniority employees but shall be considered probationary employees for all purposes of this agreement

204 The Company will supply the Union with a list of co-ordinators and will keep such list up to date at all Urnes

ARTICLE 3- MANAGEMENTS RIGHTS

301 The Union acknowledges that it is the exclusive rtght of the Management of the Company to hire layoff classify transfer promote demote or discipline or discharge seniortty employees for just cause subject to the provisions of this agreement

302 The Union acknowledges the exclusive rtght of the Company to operate and manage its business tn all aspects and without restricting the generality of the foregoing to maintain order and efficiency and to determine the number and location of work areas the methods to be used in operations schedules kinds and location of machines and tools to be used processes of manufacturtng repairtng and warehousing to make and enforce reasonable n~les and the control of matertal and parts to be used

The Union further acknowledges that all rtghts powers and authortty of the Company are retained by the Company except those abrtdged or modified by this Agreement and any supplementary agreements that may hereafter be made

The above functions will be exercised in a manner not inconsistent with the terms of this Agreement

Changes to company policies n1les and regulations will be discussed with the Union prtor to implementation

ARTICLE 4 - UNION SECURITY

401 All employees who are Members of the Union as of the date of this Agreement will be required to continue to be Members of the Union as a condition of employment with the Company Any employee who is hired subsequent to the date of this Agreement shall become a Member of the Union within thirty (30) days of hisher hiring and will be required to continue to be a Member of the Union as a condition of hisher employment

402 The Company agrees when authorized in wrtting by the Union to deduct from the wages of all employees within the Bargaining Unit whether Union Members or not Union initiation fees and monthly dues as laid down by the constitution and by-laws of the Union and such monies will be held in trust for the Union At the end of each calendar month and by the 1Oth of the following month the Company will remit by cheque to the Financial Secretary of Local 1769 CAW the total of the deductions made together with a list of those from whom deductions were made and a list of those members who did not have union dues deducted and the reason why no deduction took place

Pbulllbull 5of65

403 The Company shall provide the National Union and the Local Union with an updated mailing list on a quarterly basis

404 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees wages in accordance with this Agreement

405 The Company will indicate on Employees T-4 slip a statement of the annual union dues which have been deducted

406 In the event an employee does not receive a pay cheque in the week in which union dues are deducted such dues will be deducted from hisher next cheque or from the next dues deduction period In no event will two months dues be deducted from the same pay week

ARTICLE 5 - STRIKES AND LOCKOUTS

501 The parties hereto agree that there shall be no lockouts by the company no strikes or other collective action which will stop or interfere with production or operation of the plant by any employee or the union during the term of this agreement

ARTICLE 6 - GENERAL

601 No Discrimination The Company and the Union mutually agree that they will not discriminate against any employee because of race colour age sex religion creed national origin ancestry previous criminal record political affiliation any disability sexual orientation marital status dependants of the employee or status or membership in the Union It is agreed that the Ontario Human Rights Code shall apply to the terms administration and operation of the Collective Agreement

602 Pay Equity Legislation The Company and the Union recognize the Pay Equity Legislation in the ProVince of Ontario and agree to negotiate the provisions addressing this legislation where so prescribed

603 Technological Change (a) Technological change is defmed as changes in technology to the

process equipment or methods that significantly differ from that previously utilized by the Company In the event of technological changes as defmed above the Company shall give the Union as much advance notice as possible and will discuss with the Union any anticipated impact on the workforce resulting from these changes

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[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

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2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 6: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 3- MANAGEMENTS RIGHTS

301 The Union acknowledges that it is the exclusive rtght of the Management of the Company to hire layoff classify transfer promote demote or discipline or discharge seniortty employees for just cause subject to the provisions of this agreement

302 The Union acknowledges the exclusive rtght of the Company to operate and manage its business tn all aspects and without restricting the generality of the foregoing to maintain order and efficiency and to determine the number and location of work areas the methods to be used in operations schedules kinds and location of machines and tools to be used processes of manufacturtng repairtng and warehousing to make and enforce reasonable n~les and the control of matertal and parts to be used

The Union further acknowledges that all rtghts powers and authortty of the Company are retained by the Company except those abrtdged or modified by this Agreement and any supplementary agreements that may hereafter be made

The above functions will be exercised in a manner not inconsistent with the terms of this Agreement

Changes to company policies n1les and regulations will be discussed with the Union prtor to implementation

ARTICLE 4 - UNION SECURITY

401 All employees who are Members of the Union as of the date of this Agreement will be required to continue to be Members of the Union as a condition of employment with the Company Any employee who is hired subsequent to the date of this Agreement shall become a Member of the Union within thirty (30) days of hisher hiring and will be required to continue to be a Member of the Union as a condition of hisher employment

402 The Company agrees when authorized in wrtting by the Union to deduct from the wages of all employees within the Bargaining Unit whether Union Members or not Union initiation fees and monthly dues as laid down by the constitution and by-laws of the Union and such monies will be held in trust for the Union At the end of each calendar month and by the 1Oth of the following month the Company will remit by cheque to the Financial Secretary of Local 1769 CAW the total of the deductions made together with a list of those from whom deductions were made and a list of those members who did not have union dues deducted and the reason why no deduction took place

Pbulllbull 5of65

403 The Company shall provide the National Union and the Local Union with an updated mailing list on a quarterly basis

404 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees wages in accordance with this Agreement

405 The Company will indicate on Employees T-4 slip a statement of the annual union dues which have been deducted

406 In the event an employee does not receive a pay cheque in the week in which union dues are deducted such dues will be deducted from hisher next cheque or from the next dues deduction period In no event will two months dues be deducted from the same pay week

ARTICLE 5 - STRIKES AND LOCKOUTS

501 The parties hereto agree that there shall be no lockouts by the company no strikes or other collective action which will stop or interfere with production or operation of the plant by any employee or the union during the term of this agreement

ARTICLE 6 - GENERAL

601 No Discrimination The Company and the Union mutually agree that they will not discriminate against any employee because of race colour age sex religion creed national origin ancestry previous criminal record political affiliation any disability sexual orientation marital status dependants of the employee or status or membership in the Union It is agreed that the Ontario Human Rights Code shall apply to the terms administration and operation of the Collective Agreement

602 Pay Equity Legislation The Company and the Union recognize the Pay Equity Legislation in the ProVince of Ontario and agree to negotiate the provisions addressing this legislation where so prescribed

603 Technological Change (a) Technological change is defmed as changes in technology to the

process equipment or methods that significantly differ from that previously utilized by the Company In the event of technological changes as defmed above the Company shall give the Union as much advance notice as possible and will discuss with the Union any anticipated impact on the workforce resulting from these changes

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[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 7: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

403 The Company shall provide the National Union and the Local Union with an updated mailing list on a quarterly basis

404 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees wages in accordance with this Agreement

405 The Company will indicate on Employees T-4 slip a statement of the annual union dues which have been deducted

406 In the event an employee does not receive a pay cheque in the week in which union dues are deducted such dues will be deducted from hisher next cheque or from the next dues deduction period In no event will two months dues be deducted from the same pay week

ARTICLE 5 - STRIKES AND LOCKOUTS

501 The parties hereto agree that there shall be no lockouts by the company no strikes or other collective action which will stop or interfere with production or operation of the plant by any employee or the union during the term of this agreement

ARTICLE 6 - GENERAL

601 No Discrimination The Company and the Union mutually agree that they will not discriminate against any employee because of race colour age sex religion creed national origin ancestry previous criminal record political affiliation any disability sexual orientation marital status dependants of the employee or status or membership in the Union It is agreed that the Ontario Human Rights Code shall apply to the terms administration and operation of the Collective Agreement

602 Pay Equity Legislation The Company and the Union recognize the Pay Equity Legislation in the ProVince of Ontario and agree to negotiate the provisions addressing this legislation where so prescribed

603 Technological Change (a) Technological change is defmed as changes in technology to the

process equipment or methods that significantly differ from that previously utilized by the Company In the event of technological changes as defmed above the Company shall give the Union as much advance notice as possible and will discuss with the Union any anticipated impact on the workforce resulting from these changes

Pete 6of65

[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 8: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

[b) Where as a result of technological change new or greater skills are required for employees within the classification affected by the change such employees shall at the expense of the employer be provided with a reasonable period of training The parties agree to discuss appropriate training for the specific changes identified Volunteers for off-site tratntng shall be selected by seniority whenever possible on a rotating basis among the employees normally performing the work In question When It Is determined by the company that they cannot do so by seniority the company will noillY the union of such and the reasons for it The company shall not be required to transfer employees between shifts to comply with this requirement Overtime worked by employees during off-site training shall not result in a violation of Article 18

ARTICLE 7 middot REPRESENTATION

701 (a) The Company acknowledges the right of the Union to appoint or otherwise elect from the plant Union membership a Plant Committee

[b) The Company further agrees to recogniZe the Plant Committee for the purpose of representation or any other matters arising which concern the bargaining unit

(c) Each committee member shall be a seniority employee of one year or more with the Company at the time of his or her appointment or election

(d) The Plant Committee shall be composed of one (1) Chairperson assigned to the day shift and one (l) Committee person for each shift in addition to the Chairperson The Union will have the right to appoint alternates in the event of the absence of the Chairperson or the Committee person or on shifts where there is no regular committee person

702 A National Representative or Representatives of the Union may be present and participate in any meetings of the Plant Committee with the Company providing notice of such attendance is given to the Company

The National Representative or Representatives shall be entitled to meet with the Plant Committee up to one (1) hour prior to the Company meeting

703 (a) The Union recogniZes and agrees that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken by such person during working hours to investigate and deal with complaints grievances and other Union business

Pbulltbull 7cf6S

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

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2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

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ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

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l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

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I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 9: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(b)

704 (a)

(b)

(c)

pertinent to this collective agreement or the ElringKlinger Canada Inc bargaining unit

The chairperson will be allowed four (4) hours per day or additional time as Is necessary at hisher regular hourly rate of pay to perform hisher duties as chairperson provided there are at least sixty (60) employees working in the plant This time shall be reduced to three (3) hours per day where the number of employees working in the plant is below sixty (60) and to two (2) hours per day where the number of employees working in the plant is below thirty (30)

The above union time will be allowed on mandatory overtime but only time as required will be used on voluntary overtime

An appointed alternate chairperson will be entitled to lh the above set chairpersons time If the appointment to the position is for greater than a day Otherwise they will be entitled to the same time as an alternate committeeperson In accordance with this article

(i) If none of the plant committee members are skilled trade employees the Union may elect or appoint a skilled trade representative who may attend grievance meetings involving skilled trade issues bargaining sessions where skilled trade issues are being discussed or any other meeting with management Involving skilled trades issues when requested by the chairperson Such time will be paid by the company at the skilled trade representatives regular hourly rate of pay

(li) The skilled trade representative will not be considered as a regular member of the plant or negotiating committee

Before leaving hisher regular work to investigate and deal with a complaint or grievance a Committee person shall obtain the permission of their Co-ordinator and such permission shall not be unreasonably denied The Committee person shall report to hisher Co-ordinator on hisher return

An employees request to meet with hisher Committee person or alternate to discuss a complaint or grievance will not be unreasonably withheld and such employee will be allowed reasonable time to meet with no loss of wages

In the event that Management meets with an employee(s) for the purpose of imposing discipline a Committee person or alternate shall be present at the meeting provided that a Committee person or alternate Is on site

tOIective Agreement Jetween Elringkingu Canada Inc and(~ W Loca1769 Pbullse8of65

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 10: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(d) In the event that management requests to meet with an employee for the purpose of conducting an investigation including a health and safety or injury issue which is likely to lead to the imposition of discipline the employee shall be advised that heshe Is entitled to have a committee person or alternate present The meeting shall not proceed until a committee person or alternate is present

705 In accordance with this understanding the Company will compensate such members of the Plant Committee for the time spent during thetr regular working hours in dealing with grievances or other Union business pertinent to this collective agreement or the ElringKlinger bargainlng unit at their regular rate of pay

(a) The Company will pay for time lost from work for four (4) members of the Plant Negotiating Committee of forty (40) hours regular pay each due to negotiations to amend this Agreement

(b) In addition the Plant Negotiating Committee shall receive eight (8) hours regular pay for one ( 1) day of preparation

(c) The Company agrees to pay members of the plant committee their regular hourly rate of pay for time spent in meetings with management outside of the members shift The time spent in such meetings will not be considered hours of work for overtime purposes or shift premium purposes

(d) Committee persons or alternates shall not be paid for time spent in arbitrations

706 The Union agrees to supply the Company with the names of the Plant Committee and Alternates including the name of the Chairperson and to keep such list up-to-date at all times

707 The Plant Committee and the Company representative shall meet providing there Is business for thetr joint consideration at such times as may be mutually agreed upon A request for a meeting will be Indicated by a letter or note from either party to the other party containing an agenda of subjects to be discussed The parties will consult regularly for purposes of discussing issues relating to the workplace which affect the employees or the parties to this agreement

708 The Company agrees to provide a private atr-condition Union Office for the use of the Plant Committee at 1 Seneca The above office will have a lockable door a desk telephone (excluding long distance charges) chatrs and a lockable filing cabinet for storage of Union files

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 11: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 8 - GRIEVANCEPROCEDURE

801 Subject to the limitation that probationary employees shall not be allowed to grieve or refer to arbitration any matter relating to discharge unless such discharge is enacted in an arbitrary manner or in bad faith or contrary to Article 601 any complaint arising between an employee and the Company shall be considered as a grievance and shall be dealt with as speedily and effectively as possible with the following procedures

802 Step 1 Any employee having a grievance shall first take the matter up with hisher Production Manager either directly or through hisher committee person within two (2) working days of the violation or matter complained of The Production Manager shall respond verbally by the end of the next working day following verbal notification to the Production Manager If the Production Managers response is not satisfactory to the employee or to the union the grievance shall then be submitted in writing to the Production Manager by the committee person not later than the second working day following the day provided for the Production Managers verbal response The Production Manager shall have until the end of the second day following receipt of the written grievance to provide a written response to the grievance

Grievances will be submitted within five (5) working days after the cause of the grievance became known or should have become known to the employee or the Union

803 Step 2 If the decision of the Production Manager is not satisfactory to the employee concerned or to the union heshe may appeal in writing to the Operations Manager within five (5) working days of the Production Managers decision Thereupon the grtevance shall be placed upon an agenda for consideration at a conference between the Management and the Plant Committee which shall be held within ten (10) calendar days or a date to be mutually agreed of the co-ordinators decision Managements decision on the grievance shall be given in writing within four (4) working days following the conference and if the decision Is not satisfactory to the employee or to the union the grievance may be submitted to arbitration

804 The agenda for the conference provided in Step 2 above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion

805 The time limits foreseen at the various steps of the grievance procedure may be extended by mutual consent in writing by both the Company and the Union

COllective AGreement between Elrinsklinser C11nada Inc 11nd L-4 W Loca1769 PsgelOo65

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 12: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

806 (a)

(b)

Any allegation by either the Union or the Company that other party has violated or misrepresented this agreement may be lodged In writing as a policy grievance if by the Union to Management and if by the Company to the Chairperson of the Committee Such grievance shall be submitted to the other party within five (5) days of the alleged violation or matter complained of

Thereafter the grievance shall be dealt with at Step 2 of the grievance procedure In the case of a Company policy grievance references to Management and Plant Committee shall be reversed and the word employee shall be substituted with the Company Failing satisfactory settlement at the conference the policy grievance may be appealed by either party to arbitration within the time limits provided for In Article 901

ARTICLE 9 - ARBITRATION

901 If the decision from Step 2 of the grievance procedure is not satisfactory to the grieving party such grievance may be submitted to arbitration provided written notice of appeal to arbitration Is served on the other party within fifteen (15) working days from the date the Step 2 reply has been received Such appeal shall be to an impartial arbitrator to be selected by the parties If the parties fail to select an arbitrator within thirty (30) calendar days after service on the other party of the written notice of appeal to arbitration either party may within a further ten (10) working days request the Minister of Labour to designate an arbitrator Notwithstanding the ability of the parties to extend the time limits by mutual agreement where the written notice of appeal to arbitration has been served but the process is not advanced within ninety (90) days of the Step 2 meeting the grievance shall be deemed withdrawn The decision of the arbitrator shall be final and binding on both parties The cost of the arbitrator shall be shared equally by the Company and the Union

902 The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions In lieu thereof nor to give any decision Inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement The arbitrator however In respect of a grievance Involving a penalty shall be entitled to modify such penalty

903 All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view any disputed operations Involved In the grievance

Collective Alfrument between EringJinger CBnaJa JJC dnJ CAW Locs1769 Pbullbullbullbullllof65

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 13: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

904 In regard to a policy grievance the arbitrator may make such declaration as is appropriate The arbitrator shall not have jurisdiction to award compensation to individual employees on a Policy Grievance middot

905 Subsequent to the submission of the grievance to arbitration either party may request the Ministry of Labour to appoint a Grievance Settlement Officer to assist the parties to resolve the grievance This article shall constitute the consent of the other party to the appointment of a Grievance Settlement Officer Following this procedure the party grieving reserves the right to pursue the matter up to and including arbitration as herein provided

906 As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post 2nd step grievance to a Grievance Commissioner pursuant to the following procedure

(a) The Company and the Union may agree in writing to the appointment of a single arbitrator to be known as a Grievance Commissioner who will set aside such time as may be requested by the Company and the Union to consider and determine grievances referred to himher hereunder for final and binding arbitration The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9

(b) Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner

(c) The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent In future cases Notwithstanding anything contained in the Agreement the decision of the Grievance Commissioner shall

(i) be consistent with the provisions of the agreement

(ii) be confined to the grievance referred to himher

(d) The Union and the Company shall be responsible for one half the expenses of any fees payable to the Grievance Commissioner

(e) The parties which would nonnally have the onus of proof in a regular arbitration shall supply the Grievance Commissioner and the other party with a concise and brief written representation on which it intends to rely which must be delivered not less than twenty (20) days before the commencement of the hearing before the Grievance Commissioner

LOective Areement between ElrinGkfinh-ter Lantda Inc and CAW Loca1769

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 14: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

[f) The other party shall supply the Grtevance Commissioner and the first party with a concise and brtef written representation on which it Intends to rely which must be delivered not less than ten (10) days before the commencement of the heartng before the Grtevance Commissioner

(g) The parties shall meet at least seven (7) days prtor to the heartng date In order to determine what Information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing

[h The purpose of the heartng is to clartfy the issues or facts In dispute At the heartng the parties may make such further representations or adduce such evidence as the Grtevance Commissioner may permit or require but the Grtevance Commissioner shall not be obligated to conform to the rules of evidence

(I) The Grievance Commissioner must render hisher decision in writing without reasons to both parties within seven (7 days of the conclusion of the heartngs Upon request by either party after hisher decision has been rendered the Grtevance Commissioner shall deliver brtef reasons but such reasons shall not form part of hisher decision

OJ Time allowances throughout this grtevance procedure may be extended by mutual agreement between the parties

ARTICLE 10 - DISCHARGE AND SUSPENSION CASES

1001 When an employee has been dismissed or suspended on the Company premises heshe shall be advised that heshe may interview hisher Committee person in prtvate for a reasonable pertod of time not to exceed thirty [30) minutes before leaving the plant premises This shall not apply if it Is necessary to immediately remove an employee to protect other employees company property or if there are no Union representative on site

1002 Subject to Article 1003 a claim by an employee that heshe has been wrongfully suspended or discharged shall be treated as a special grtevance A written statement of such special grtevance shall be lodged with the Company Representative within five (5) working days of such suspension or discharge and shall be dealt with at Step 2 of the Grtevance Procedure and failing satisfactory settlement at the conference the special grtevance may then be appealed to an arbitrator In accordance with the time limits and procedures herein provided for arbitration

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 15: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

1003 Probationary employees may be terminated prior to the completion of their probationary period and such termination shall not be subject to the grievancearbitration procedure provided that such termination is not a result of arbitrariness or bad faith or contrary to Article 601

1004 Employees will not be required to forfeit their holiday entitlement due to a suspension

ARTICLE 11 - DISCIPLINE

1101 When a derogatory notation including suspension is placed against the record of an employee notice of such notation shall be given to the employee in the presence of a union representative who may treat the same as a grievance and proceed accordingly

(a) Unless a notice of such notation is given within a reasonable time not in any event to exceed five (5) working days of the occurrence first coming to the attention of the Company providing the employee Is at work in the plant such derogatory notation shall not thereafter be used for the purpose of taking disciplinary action against the employee

(b) Such notation will remain against the record of an employee for twelve (12) months from date of notation at the end of which time such notation will not be used against himher in any manner

(c) The Company will ensure that discipline is administered in a private area

ARTICLE 12 - SENIORITY

1201 An employee will be considered to be on probation and not to be placed on the seniority list until after heshe has been in the employ of the Company and has completed sixty (60) days of work within a period of twelve (12) months

Upon completion of seniority acquisition hisher seniority date shall be backdated sixty (60) calendar days from completion of hisher probation

Each employee will be assigned a master number

1202After date of ratification persons commencing work on the same date shall be assigned a seniority master number by the Company on the basis of a random lottery draw

1203A seniority list of employees shall be maintained and updated each three (3) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee Such seniority lists shall be posted in the workplace

Collective Agreement between Erin-lt~kinger Cansds Inc and LA W Locs1769 Page 14 of 65

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 16: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

1204 When an employee Is discharged or receives a layoff notice the Company wtll notify the Chairperson of the Plant Committee or hisher designate in writing that day

1205 (a) The parties agree that the following provisions shall apply in respect to the rights and priv1leges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit

(1) If an employee who Is covered by the terms of this Collective Agreement on or after ratification Is promoted or transferred to a job outside the bargaining unit the Company or employee shall have the right within a period of stxty (60) calendar days following the date on which heshe was transferred or promoted to a job outside the bargaining unit to return that person to the classification In the bargaining unit and with the seniority heshe had at the time of transfer A person may only utilize this clause once

1206An employee on the seniority list during layoff accumulates seniority during such period

1207 Seniority rights and employment of an employee shall cease for any of the following reasons

(a) If an employee quits hisher employment and does not rescind the notice to quit within the balance of the shift during which the notification was given or only within twenty-four (24) hours where extenuating circumstances or duress was involved

(b) If an employee is discharged and such discharge be not reversed through the Grievance Arbitration Procedure

(c) (I) If an employee fails to return to work Within three (3) consecutive days after notification of recall from layoff An employee so notified may contact the Company Within the specified three (3) day period and request up to an additional consecutive three (3) scheduled working day period Within which to report for work Any employee who so requests shall be granted the additional period up to three (3) days without loss of seniority prov1ded there are other employees available to do the work

(ii) If it becomes necessary for the Company to notify employees of recall from layoff by regiStered mail such mail shall be addressed to the last known address of the employee in Company records and shall be deemed to have been

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 17: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(d)

(e)

10

1208(a)

(b)

c)

(d)

received on the sixth regular working day after mailing (not including the day of mailing)

If an employee is absent for more than three (3) consecutive working days without notifYing the Company unless satisfactory reasons for such absence are given at the first available opportunity

If an employee with less than twelve (12) months of seniority as of the last day worked piior to commencement of a layoff is absent for a consecutive peiiod of twelve (12) months or if an employee with more than twelve (12) months of seniority as of the last day worked prior to the commencement of a layoff Is absent for a consecutive period of thirty-six (36) months

Upon retirement

The Company and the Union recognize the benefits of a formal rehabilitation program to provide a fair and consistent approach to the reinstatement of employees who are unable to perform their normal duties because of illness or injury

Prior to an employee being placed in a modified work program the company will meet and consult with the union The company shall keep the union informed of the status of any employees participating in a program The Company agrees to follow an employees modified work program

The modified work program shall not conflict with the job posting or seniority rights provided of the Collective Agreement Employees on the modified work program are subject to layoff in accordance with the seniority provision of the collective agreement should a layoff occur

The parties agree to abide with the Ontario Human Rights Code and the Workers Compensation Act

1209The Plant Committee and the Union Health and Safety Co-Chair will be retainec at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person (in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Representative

LOIective Agreement between Eringkinger Lansda Inc snd CA W LocJ1769

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

Pslt34of65

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 18: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 13 - LAYOFF amp RECALL

1301 Where a layoff affecting an employee(s) for more than one (1) shift Is necessary the Company will whenever possible give at least twenty-two (22) hours notice of such layoffs to the employee or employees affected and the Union In the event an employee does not receive the twenty-two (22) hours notice of layoff the laid off employee Will receive four (4) hours pay at their regular hourly rate of pay The company agrees to notify the plant chairperson as soon as possible of pending or potential layoffs If a layoff is to exceed four (4) working days there will be five (5) working days notice of layoff given whenever possible In the event that an employee does not receive the five (5) working days notice as identified above the laid off employee will receive eight (8) hours pay at their regular hourly rate This pay in Ueu of notice shall not be required If the layoff Is a result of mechanical or material failure

13021) Subject to Article 1308 whenever it becomes necessary to decrease the working force all probationary employees Will be laid off first If further layoffs are necessary employees With the least amount of plant Wide seniority shall be laid off provided that there remain seniority employees able to do the remaining work

(ill Layoffs affecting an employee(s) for one Ill shift or less shall be effected by laying off employees with the least seniority by shift providing sufficient employees according to seniority by shift do not volunteer to take the layoff The Company will not be required to offer such layoffs by seniority on the shift If the circumstances make it impractical to do so in which case the company Will forthwith contact the union to discuss the matter

(iii) Where the Company lays off employees employees will be given the option by seniority to voluntarily be on a leave of absence for the duration of the Intended layoff provided that there remain seniority employees able to do the remaining work Employees must state their desire in this regard prior to the commencement of the layoff An employee on such leave of absence shall be entitled to return to work after having been off for the original intended duration of the layoff or at one hundred and eighty (180) day intervals from the date the lay off commenced or recalled once all other employees in hisher classification have been recalled from layoff In order to exercise this right the employee on the leave of absence must provide the Company with at least two (2) weeks notice in Writing in advance of hisher intended date of return In any event the leave of absence referred to herein shall not exceed twelve (12) months

lv) In the event the Company is aware or expects forty-eight (48) hours in advance that there Will be a short work week four (4) or fewer shifts available to an employee in a classification in any given

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

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2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

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ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

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assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 19: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

week it will advise the Plant Chairperson and employees that would otherwise be laid off will be entitled to displace junior employees regardless of shift in accordance with the procedure in Article 1303

1303 (a) Employees within classifications in which jobs have been eliminated will be assigned by inverse order of seniority to the jobs of persons laid off Within 24 hours of commencement of employment in an assigned classification an employee so assigned can exercise hisher seniority rights to displace an employee with less seniority in another classification This process shall continue until no employees exercise or are able to exercise bumping rights The folloWing will apply in seniority order

(b) Where the anticipated duration of the layoff will exceed one hundred and eighty (180) days the Company will provide training to employees exercising their bumping rights

(c) Where the layoff is not anticipated to exceed one hundred and eighty (180) days the employee must have the necessary skill and ability to perform the duties of the classification heshe wishes to bump into

(d) Where the layoff ls not anticipated to exceed one hundred and eighty (180) days but grows into one hundred and eighty (180) days the Company will recall the employee and offer bumping rights and training

The training periods referred to above will be for up to ten (10) working days

1304 Persons assigned to other classifications or who bump into other classifications shall be paid the rate of the classification into which they are assigned or bump The Company shall not be responsible for any loss of hours or loss of pay an employee may expertence as a result of having been displaced by this procedure

1305The Plant Committee and the Union Health and Safety Co-Chair will be retained in the employ of the company during their respective terms of office notwithstanding their position on the seniority list provided that there is work they are able to perform

The layoff order will be from bottom as follows

1 Unit Chairperson

2 Unit Committee person in order of their respective seniority)

3 Unit Co-Chair-Health and Safety Rep

Collective Atret~~ment hetwccn Elrintklingcr GmltJtt Inc 1wJ CAW Loca1769 Pbulltbulll8of65

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

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2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 20: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

2 Requests for Personal Paid Absence will be granted as per the employees request at a minimum of two (2) employees per shift Requests for Personal Paid Absence in excess of two (21 per shift andor requests submitted with less than the requtred notices period as set out herein will be granted by the Company subject to production requirements

It is the expressed Intention of the parties that the Personal Paid Absence allowance as set out herein is Intended to be taken by employees as paid time off The Employer agrees to exercise thetr rights herein in the scheduling of Paid Absence Allowance In a fair and reasonable manner

3 Personal Days shall be taken in four (4) hour increments

4 Any Personal Days not taken or scheduled to be taken by December Ibullt of each year will be paid out at the employees base hourly rate

5 (Students will also include employees hired as regular employees who subsequently Inform the Company that they are actually students

6 Seniority employees will be entitled to the following

(I) Ftrst Personal Day three (3) months from date of hire

(II) Second Personal Day six (6) months from date of htre

(iii) Thtrd Personal Day - nine (91 months from date of htre

7 Employees resigning thetr employment with the Company shall be entitled to receive payment for any unused Personal Days for which they quallfy as their last day worked

ARTICLE 29 -VACATIONS

2901 Seniority as at Time Off Vacation Pay

January lbullt Less than one (1) Lesser of eight (8) hours Four percent (4) of year for each month worked gross earnings hours

or eighty (80) hours pay or whichever Is (reater

One (1] year but Eighty (80) hours) Four percent (4) of less than three gross earnings hours (3) years pay or whichever Is

lreater Three (3) vears One hundred (100) Five percent (5) of

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2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

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ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

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3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 21: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

2803An employee requlred to work on a paid holiday shall be paid for all time worked by himher on such holiday at two times (2X) hisher regular straight time hourly rate in addition to hisher holiday pay

2804 To be eligible for holiday pay an employee must

(a) (i) be a seniority employee as of the date of the holiday

(II) Probationary employees will receive holiday pay entitlement as per the Employment Standards Act

(b) have worked at least one full day within fifteen (15) calendar days preceding the holiday

Employees who qualify for the Christmas Eve holiday under this clause will be deemed to qualiJY for the balance of the Christmas holidays

(c) have worked both the full regularly scheduled workday Immediately preceding and Immediately following the holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher supervisor The Company can require the employee to produce a medical note to substantiate medical absences Employees who are late on either or both quaiiJYing days will receive eight (8) hours holiday pay less the total time missed on either or both qualiJYng days Where an employee fails to qualify for holiday pay during the Christmas shutdown heshe will lose a maximum of one (1) paid holiday Absence on these qualiJYing days will be excused when the employee has obtained permission from hisher Department Manager andor the Human Resource Manager

(d) work on the holiday if heshe had agreed to work unless such failure Is caused by medical reasons The Company may require the employee to provide a medical certificate to substantiate such failure

2805 If one of the paid holidays is observed on a regular working day during an employees vacation or jury duty the employee shall take the holiday on a day to be agreed upon by the company and the employee In no case shall this date be beyond the end of the calendar year in which the holiday falls

2806 Each seniority employee will be granted twenty-four (24) hours personal paid absence with pay 1n each calendar year pursuant to the following

1 The employee requests the time off in writing by midnight Wednesday of the week preceding the requested Personal Day The employer will respond by noon of the next day [Thursday)

Cclkctive Asment hetwen Elringklinpr cJ Inc bull J CAW Laca1769 Pap 33 of 65

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 22: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 27 - PAYMENT OF WAGES

2701 Payment of wages shall be made weekly on Thursdays by direct deposit to a Canadian banking institution of the employees choice

2702 Pay shortages of fifty dollars ($5000) gross or more which are the fault of the Company shall be paid by separate cheque not later than the working day following the date on which the discrepancy was raised with the Company All other discrepancies will be corrected on the following pay

2703 The Company will endeavour to distribute pay stubs to the Afternoon shift by shifts end Wednesday At the latest pay stubs will be issued to all employees on Thursday however where there is a Monday holiday or where the bank is otherwise not open for business the Company will endeavour to hand out the pay stubs by Thursday

ARTICLE 28 - HOLIDAYS

2801 For purposes of this Agreement the following shall be considered paid holidays

Year One Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Two Victoria Day Canada Day Civic Holiday Labour Day ThanksgiVing Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

Year Three Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day US Thanksgiving Day Christmas Eve Christmas Day Boxing Day New Years Day Good Friday Floater Floater Floater

The floating holidays shall be scheduled by the company during the period between Christmas and New Years Day Not all employees shall be necessarily scheduled to have the floater holiday on the same date

2802An eligible employee shall be paid eight (8) hours at hisher straight time hourly rate (excluding off shift and overtime premiums) for each paid holiday

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

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ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 23: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(li) The Company will grant a paid leave of absence for three (3) consecutive working days at the employees regular rate of pay to a senlorlty employee who would otherwise have worked those three (3) days up to and including the day of the funeral of hisher Immediate family

(iii) For the purpose of this Article immediate family shall mean mother father brother sister step-sister step-brother mother-In-law father-In-law grandchild grandparent grandparent of current spouse and stepparents stepparents of current spouse child of current spouse of record

(lv) The Company will not withhold payment of bereavement pay while waiting for proof of relationship such proof shall be furnished Within two (2) weeks of the employees return or it will be deducted from their regular pay

2602 The Company will grant a paid leave of absence of one (IJ working day at the employees regular rate of pay to a senlorlty employee who would otherwise have worked that day In order that such employee may attend the funeral of any of the following brother-In-law sister-In-law or stepchild of current spouse of record

2603 If a death occurs during a senlorlty employees vacation heshe shall be entitled to reschedule or take the additional days immediately following hisher bereavement leave

(i) three 3) days of hisher vacation In the case of the death of a member of the employees immediate family as described In 2601 (Iii) or four (4) days for the members of the employees family as outlined In 2601 )provided the employee attends the funeral

il) one (1) day of hisher vacation In the case of the death of a member of the employees family descrlbed In 2602 provided the employee attends the funeral

An employee who wishes to reschedule hisher vacation days shall advise the company immediately on hisher return to work from vacation Hisher vacation days shall be rescheduled In accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

2604 The Company may also at its discretion grant a leave without pay to allow additional time off surrounding the perlod of the bereavement leave Such request will not be unreasonably denied

PpJJ o65

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

Pbulli1lt29of65

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 24: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 24 - INJURY ALLOWANCE

2401 An employee Injured on the job shall be paid for the balance of hisher shift on which the Injury occurred if as a result of such Injury

(a) The employee goes to their own doctor and the employees own doctor certifies that the employee should not return to work or

(b) The employee goes to a hospital and a doctor at such hospital certifies that the employee should not return to work Employees sent to the hospital shall be done In accordance with Article 3612

ARTICLE 25 -JURY DUTY AND SUBPOENAED WITNESS

2501 A seniortty employee who is summoned to jury duty including a coroners jury or who is subpoenaed to testify as a witness in a crtminal or civil court proceeding shall be paid the difference between the pay heshe receives for such duty or testimony (exclusive of travel allowance or reimbursement for expenses) and the pay heshe would have received to a maximum of eight (8) hours at hisher regular rate of pay for any time lost For purposes of clartftcation this clause shall also apply to the jury selection process

2502 Employees who are released from the jury duty or court prtor to the midway point of hisher scheduled shift shall report for work for the balance of the shift within a reasonable time Employees who are released from the jury duty or court subsequent to the midway point of hisher shift shall not be required to report to work that day

2503An employee who is required to serve on a jury durtng hisher scheduled vacation may cancel hisher vacation provided heshe requests cancellation of vacation as soon as heshe becomes aware of the jury duty requirement An employee who cancels hisher vacation pursuant to this Article may request vacation time in substitution of the cancelled vacation in accordance with Article 29 provided heshe cannot displace any other employees scheduled vacation

ARTICLE 26 - BEREAVEMENT

2601 (i) The Company will grant a paid leave of absence for five (5) consecutive working days at the employees regular rate of pay to a seniority employee who would otherwise have worked those five (5 days In order that such employee may attend the funeral of hisher current spouse son or daughter stepchild and adopted child of record In the event that there is no funeral or the funeral is not attended employees will still be allowed time off In accordance with Article 26

Collctivlt Arrernent betwlten ElriuJlinpr CbullnbullJbull Inc anJ CAW Loca1769 Pae30of6S

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

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I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 25: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

with the employees in the classification needed In accordance with Article 1800 Where an Insufficient number of employees agree to work the overtime the Company has the option to outsource this work on this occasion or supplement the workforce

1812 The parties agree to meet as required to deal with overtime equalization situations that come up which are not covered by this article

ARTICl-E 19 - SHIFT PREMIUM

1901 The Company will pay an additional fifty cents (50cent) per hour for each hour worked on the afternoon and fifty-five cents (55cent) per hour for each hour worked on the midnight shift

ARTICLE 20 WASH-uP 2001 There will be a five (5) minute paid wash-up period immediately prior to

the lunch hour

ARTICLE 21 - REST PERIOD

2101 Each employee will be scheduled for two (2) paid rest periods of ten (10) minutes each during each shift one In each half of the shift

2102Any employee who is requested work overtime consecutive to the completion of hisher shift which overtime is to be two (2) hours or more will require a ten (10) minute paid rest period prior to the commencement of the overtime work

ARTICLE 22 - REPORTING ALWWANCE

220lln the event that an employee reports for work without having been previously notified not to report the employee will be given at least four (4) hours work or if no work is available heshe will be paid the equivalent of four (4) hours at hisher appropriate rate of pay except in case of labour disputes or other conditions beyond the control of the Company

ARTICLE 23 bull CALL BACK PAY

2301 Any employee who has completed hisher shift and left the Company premises and is then called back to work or called In on emergency overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work Unless an additional emergency arises the employee will be allowed to leave once the original assignment is completed

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1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

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l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 26: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

1804Ail hours of work Monday through Friday over eight (8) hours per day shall be voluntary All hours of work on Saturdays (except as abridged in Article 1806) Sundays or paid holidays shall be voluntary

1805 Overtime and premium rates of pay will not be pyramided

1806 (a) Should it be necessary to schedule an overtime shift on Saturday overtime will be allocated in accordance with Article 1803 If there are insufficient volunteers to fill such an overtime requirement the Company will have the right to assign people to work in inverse order of seniority (lowest seniority first) among the employees in the classification by shift usually performing the work The Company agrees it will not schedule mandatory overtime on any holiday weekend with the exception of Thanksgiving

(b) The Saturday mandatory overtime requirement referred to above will not apply to employees who are scheduled for an approved week of vacation in the following week

(c) The Company agrees that during the months which have no holiday weekend in it at least one Saturday will not be scheduled mandatory

1807 New hires will be charged the maximum overtime accrual for their classification Employees entering a new classification re-entering a former classification or returning to work from an absence or layoff will carry their hours into their classification Overtime hours worked by employees in back-up or temporary transfer positions will be charged as overtime worked in their own classification

1808 If the list posted pursuant to 1803 (1) is incorrect any affected employee shall notify the Company within three (3) working days following the posting of the list failing which the list shall be deemed to be correct for that week only In the event that there are errors made in the assignment of overtime due to the list being incorrect no grievance shall be filed beyond the initial error during the three (3) day period

1809 Situations involving overtime hours of work beyond 8 will be dealt with in accordance with Letter 18

1810 Notwithstanding the above equalization procedure the parties recognize that overtime hours available to lead hands may exceed the overtime hours available to other employees Therefore the Company will not be in Violation of the equalization procedure as a result of a discrepancy in hours between a lead hand and other employees in the same classification

18 11 Where the Company requires maintenance employees or mold techs to do weekly start up or shut-down the Company will canvass for overtime

L11ffective Atreement betwuu Erintklin~r Canada inc tmd (~ W Local 1769 Pa~ 28 o65

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 27: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

to back-ups for the classification in question then to employees in other classifications on a plant-wide seniority basis who have the skill and ability to perform the work required proVided there is not overtime work in their own classification and then to students who have the skill and abUity to perform the work and thereafter to any other person

For weekend or holiday overtime employees will work on their shifts first and if not required they will be gtven the opportunity to work on other shifts where there are an insufficient number of employees based on low hours

(g) In the event that the Company bypasses an employee in the above overtime allocation or if an overtime opportunity is missed due to an error on the Monday posted list the Company will pay the employee for the overtime so missed The Company and the Union agree that for purposes of this article the affected employee shall notifY the Company immediately upon becoming aware of an error in the assignment of overtime and the Company likewise shall take measures to correct the situation upon being informed If the Company makes a further error prior to being notified by the affected employee and such error involves the same employee(s) in the same week the Company shall not be required to make restitution beyond the first error

3 Employees shall be charged for overtime on the basis of hours paid ie where an employee works an eight hour shift on Saturday overtime it shall be charged as twelve (12) hours

Employees who have been scheduled to work overtime and do not attend work for the scheduled overtime shift will be charged two times (2x) the hours which he or she would have otherwise been charged had heshe worked on that day

4 The Company agrees to endeavour to give twenty-four (24) hours notice to employees when overtime opportunities arise In the event the employee does not get 24 hours notice of overtime heshe shall have the right to refuse such overtime

5 The Company agrees that if five (5) or more employees are scheduled to work overtime on production one of those five (5) will be a Committee person Steward or the Chairperson In the event that no union representatives have indicated a desire to work the overtime opportunity the Company will not be obliged to meet this requirement

Pbull1lt27of65

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 28: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

l A list shall be posted by 1100 am Monday of each week showing the accumulated overtime hours of each employee from the previous week (Monday through Sunday)

2 Subject to Letter 18 - Re Addition Manpower Letter (a) If overtime Is required whether daily or weekend the

employees in the classification who usually perform the work for which overtime Is required will be offered the overtime work by the lowest accumulated overtime hours (as per the Monday posted list

(b) When the Company Intends to work weekend or overtime or on a holiday It will post a separate sign up sheet on which any person wishing to work will sign hisher name The sign up sheet will be posted on Monday and will be removed at the end of the last shift on Wednesday An employee who is absent from work on Monday Tuesday or Wednesday but returns to work on Thursday or calls in (after the overtime list Is down and Is eligible to work scheduled weekend overtime based on the number of hisher accumulated overtime hours will advise the Company by noon on Thursday that heshe wants to work the weekend overtime and will be slotted In accordingly

(c) If there are more persons signed up than are required for the available work employees with the lowest accumulation of overtime hours las per the posted list) in the classillcation who usually perform the work for which weekend overtime Is required will be scheduled to work the weekend overtime In the case of employees having the same overtime accumulation seniority shall be the deciding factor

(d) Not less than twenty-four (24) hours prior to the commencement of the weekend overtime shift the Company will post a list on the bulletin board advising the date of overtime the shift the total hours of work and the names of those employees scheduled to work

(e) Subject to Letter 18- Re Additional Manpower Letter If daily overtime Is required the employees in the classification who usually perform the work for which overtime is required who are at work will be offered the overtime work by lowest accumulated overtime hours (as per the Monday posted list)

f) If an Insufficient number of employees in the classification who normally perform the work in question volunteer for weekend or daily overtime the Company will offer the work

Pbulltbull26 of65

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 29: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

I I

rotation and to seek a mutually agreeable resolution Such resolution will not be the steady day position rotating

1 702 The number of hours or days of work as stated in this agreement shall not be construed as a guaranteed number of hours or days of work

1703 a) If the Company is nmning production on three (3) shifts that are not staffed evenly an equal number of employees in each classification that is in operation on each of the three (3) shifts shall be provided with a twenty 20) minute paid lunch based on the shift having the lowest number of employees working in each respective classification At the time of implementation employees will be offered opportunity to work the schedule based upon seniority in their classification

b) If the company Is running production on one or two shifts

I) those employees whose classifications rotate through three (3) shifts will be provided with a twenty (20) minute paid lunch

(til all other employees will be provided with a thirty (30) minute unpaid lunch

1704 Time worked between the start of the midnight shift and midnight shall be considered hours worked on the folloWing day

ARTICLE 18- OVERTIME AND OVERTIME RATES

Overtime lists for Manufacturing Specialists Material Handlers Housekeepers must be in central area

Equalize (zero out) all hours annually - start at high seniority

1801 Overtime rate of one and one half (112) times the regular straight time rates will be paid

(a) after eight 8) hours of work in any one day

b) for all time worked on Saturday

1802All hours of work on Sundays paid holidays or over twelve (12) hours per day will be at the rate of double time the regular straight time rate

1803The Company will equalize overtime among the employees usually performing the work (employees usually performing the work is deemed to mean anyone in the classification who can perform the work without training or instruction that would exceed fifteen ( 15) minutes) in accordance with the following

LdlfKtiv~ Agreement betwttn Eringkingcr Can~Ja Tm and CAW Loca1769

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 30: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

Management prior to posting such notices The bulletin boards will be located in a suitable area mutually agreed upon in the lunchroom

ARTICLE 17 middot HOURS OF WORK

1701 (a) The regular Monday to Friday work schedule shall be as follows in a three (3) shift (production) operation

Midnight Shift Day Shift Afternoon Shift

1100 pm 700 am 700am- 300pm 300 pm 1100 pm

(b) The regular Monday to Friday work schedule shall be as follows in a two (2) shift (production) operation

Day Shift Afternoon Shift Midnight shift

700am 330pm and 330pm- 1200 am or

1030 pm -700am

(c) The Company shall have the right to alter the starting and quitting times for some or all of the employees from the above by up to one (1) hour

The Company will provide the union with notice of such change in writing

Non-production employees may be required to work afternoons or midnights while production is on a one or two shift operation

(d) The Company agrees to exercise fair shift rotation as per shift schedule letter 11

Subject to Letter 11 seniority employees will not be scheduled to work more than two (2) consecutive weeks on afternoons or two (2) consecutive weeks on midnights Must land on a day shift for two (2) out of six (6 weeks

During the work week (Monday to Friday) an employee will not be required to report for a shift other than the shift heshe is scheduled to work that week

Fair Shift Rotation Where an employee belonging to a group of three (3) employees or less is elected to a position identified in this collective agreement as a days only job (le Health and Safety co-chair) the following will occur

1 The Company will meet with the Union plant committee to discuss the impact on the employees regarding fair shift

Colffctive Anumnmt bttwttn Efrintkhntu C~tJJJit fm 11m CAW Lac1769

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 31: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

All requests for a leave of absence must be signed as having been received by the supervisor and a signed copy of receipt must be provided to the employee

The company will consider requests that do not meet the seven-calendar day requirement where extenuating circumstances are present

1503 A leave of absence for all or part of a working day shall be granted upon application by the Chairperson for members of the Plant Committee or other elected or appointed representatives of the union to attend to Union business provided the request is made in writing to Management five (5) working days prior to the commencement of the requested leave of absence The Company will pay the employees for any such absence at the regular rate of pay with the union agreeing to reimburse the company for the amount so paid upon receipt of the statement The Company will consider requests made of less than five (5) days

1504Parental Maternity Adoption amp Emergency Leave The Company will grant maternity parental adoption and emergency leaves in accordance with the Employment Standards Act Seniority shall continue to accumulate during such leave and the Company will continue to provide all Health amp Welfare Benefits In no case will such leave of absence be less than that allowed under the legislation in effect on the date of ratification of this agreement

1505 (a) For employees with seniority the Company will accept as a satisfactory reason under Clause 1207(e) for absence of an employee up to one hundred and twenty (120) days for conviction of an offence arising out of the operation of a motor vehicle as well as any absence because heshe is being held in custody pending disposition of the charges against himher

(b) If an employee with seniority is Imprisoned following a conviction for an offence other than one arising out of the operation of a motor vehicle and If the sentence Is for forty-five (45) days or less the Company will accept the sentence as a satisfactory reason under Clause 1207(e) for the employees absence from work during the time of hisher sentence as well as any absence because heshe is being held in custody pending disposition of the charges against himher

c) Requests for leaves of absence for Incarceration shall only be made under Article 1505

ARTICLE 16 - BuLLETIN BOARD

1601 The Company will provide a bulletin board enclosed with lock and keys for the Union to post notices of Union activities subsequent to all such notices being signed by the proper officer of the Union and approval of

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 32: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate or set higher than the highest rate of this Agreement The rate set by the arbitrator shall be effective as of the date of the arbitrators award

(c) Jobs established pursuant to Article 1403 (a) shall be filled pursuant to Article 1401 The Company shall establish the wage rate for the job at least twenty (20) days prior to start of the new job Experience gained as a result of a temporary transfer under Article 1401 (e) will not be considered as qualification on the posting

ARTICLE 15 - LEAVE OF ABSENCE

1501 Personal Reasons All employees will be allowed a leave of absence without pay for personal reasons if

(a) He or she requests the leave in writing and

(b) The leave is for a good reason and does not interfere with operations Such leave shall not be unreasonably withheld

During the leave of absence the employee shall not engage in gainful employment unless approved by the Company

(c) Medical leaves cannot be denied proVided employees proVide proof of medical appointment to the Company

1502 Requests for leave shall be submitted at least seven calendar days in advance of the day(s) requested All requests for leave of absence will be responded to not later than the fifth day following the request with one of

(a) approval

(b) denial with reasons or

(c) an explanation as to why the leave cannot be considered at that time and a time frame as to when the request should be resubmitted

If the Company fails to comply with the above the leave will be deemed to be granted

Collfcfivt Agrt~uumt 6ttwttn Elringltinpr Canads Inc and LAW Loca1769 Pagbull22of65

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 33: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

Qualifications and requirements on job postlngs will not be arbitrarily changed by the company without a justifiable reason

The Company will consider applications from all employees who bid regardless of whether they have a grade 12 diploma

(e) Temporary Transfer A transfer shall be considered temporary provided it does not exceed thirty (30] regular working days If the transfer exceeds thirty (30) regular working days it will be posted pursuant to Article 1401 (a) The period relating to temporary transfer may be extended by mutual agreement of the Company and the Union

When the Company transfers an employee pursuant to this article the employee shall be paid the higher of hisher regular rate or the rate of the job to which heshe is temporarily transferred Temporary transfers for more than four (4) hours will be filled by assigmnent of the highest seniority employee on the shift who has the skill and ability to perform the work in question from the classification from which an employee is being transferred An employee may refuse a temporary assigmnent if there is another employee on the shift in the same classification with less seniority who has the skill and ability to perform the work in question

If temporary transfers are to be for less than four (4) hours the above will only apply where It will not cause the company undue assignment difficulties

This temporary transfer language will not be used to circumvent the backup procedure in Letter 15

(f) Union stewards may apply for employees during the posted period

1402lt Is agreed that from time to time lead Hands may or may not be required In addition to their regular duties they shall assist in training Instructing and allocation of work within their classification Lead Hands shall not play any role in discipline When Lead Hands are needed the position shall be posted in accordance with Article 1401 When a Lead Hand position is no longer required its elimination shall be dealt with as a Lay-off pursuant to Article 13

1403 (a) If the Company creates a new classification not covered by this Agreement Management representatives will meet with the Plant Committee and discuss with the Committee the classification title and wage rate It has established for the new classification The wage rate establ1shed by the Company shall not be less than the lowest rate of this Agreement All increases in wage rates shall be in accordance with schedule of wage rates for new classifications

t_CIIectiv~ Agement lJtdween ElrintJhtpr L1mada Inc and(~ W Locbull1769 Palt21 of6S

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 34: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

wishing to apply shall do so within three (3) regular working days of the date of posting on forms to be supplied by the Company

(11) The successful candidate will begin working in hisher new job within fourteen (14) calendar days of the date the posting Is taken down provided the employee Is not off work at that time Where testing Is required the successful candidate will begin working in hisher new job within thirty (30) calendar days of the date the posting Is taken down provided the employee is not off work at that time However the company may extend this period where reasonable circumstances are present The company will notify the union of this decision and the reasons for such Test scores to be released to the Plant Negotiating Committee

(b) The decision to fill such vacancy or new job shall be based on seniority subject to the applicant satisfying the qualifications and requirements on the job posting

(c) The successful applicant shall be accepted as reclasstfied in the new classtfication after twenty (20) regular working days which twenty (20) day period shall act as a probationary period for the employee Whereupon reasonable grounds It Is decided that the employee Is not fully capable of performing the duties of the new job heshe will be returned to hisher former job at the appropriate rate of pay or if employee so desires heshe may return to their former job within the said twenty (20) day period Where the Company decides the employee Is not capable of performing the job the Company will give the reason(s) to the employee and the Union in writing subject to the employee to lodge a grievance herein provided

The twenty (20) day periods referred to above will be sixty (60) working days for the Mold Tech classtfication

Employees will be allowed to be the successful applicant on one (l) permanent job posting in any consecutive six (6) month period (unless the job is of higher monetary value) except if the bid is eliminated through a reduction in force the six (6) month provision will be waived

(d] The Company reserves the right to stipulate in the job posting any reasonable requirements and qualifications for the job The company will discuss with the union any changes in requirements of an existing job classification or qualifications required for a new job classtfication

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 35: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

1306 (a) Recall from layoff shall be in reverse order of the layoff procedure (the most senlortty laid off shall be the first recalled) provided that the person next entitled to recall has the skill and ability to perform the job being re-established in accordance with the following

(b) Employees will retain one year recall rights to their job in order of seniortty if it is re-established or becomes vacant in that time frame provided the employee has not been the successful applicant on a permanent job posting

(c) Employees can only hold one-year retention rights to one classification at any one time

(d) Employees who exercised their seniority by bumping into another classification will be considered reclassified after one year in that classification

(e) Jobs re-established following the one year period will be posted in accordance with Article 1401

(f) Employees who were displaced out of their classification within the last one year who exercised their right to bump and have not been recalled to their previous classification or been the successful bidder on a permanent job posting will be given the option to take the opening to the job being re-established or to a vacancy in line with seniority provided they possess the necessary skill and ability

(g) If more than one job is vacant or being re-established employees being recalled may exercise their seniority in selecting the reshyestablished job they prefer

1307The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled also any cancellations of such notices

1308 Employees in skilled trades classifications who are subject to layoff or recall will be dealt with in conjunction with Article 1300 and Article 3807 Furthermore skilled trades employees who are subject to layoff shall not exercise seniority rights to bump into other classifications nor shall they be subject to being bumped by other classifications

ARTICLE 14 - POSTiNG OF JOBS

1401 (a) (I) Subject to Article 1401(e) whenever new jobs back-up positions or vacancies occur whether permanent or temporary notices of such vacancies back-up positions or new jobs shall be posted in the plants on the bulletin boards for a pertod of three (3) regular working days Any employee

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 36: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

but less than five hours gross eamings hours (5) years pay or whichever Is

greater Five (5) years but One hundred twenty middot Six percent (6) of gross less than eight (8) 120) hours eamings hours pay or years whichever is ereater Eight (8) years or One hundred forty (140) Seven percent (7) of more but less hours gross earnings hours than twelve ( 12) pay or whichever is

i years _ereater Twelve (l2J years One hundred sixty (160) Eight percent (8) of or more hours gross eamings hours

pay or whichever Is _ereater

2902 Vacation pay shall be calculated as a percentage of the employees wages eamed for all hours worked during the twelve (12) month period ending January 1 including jury duty bereavement leave paid holidays and vacation pay paid in the previous year Provided the employee gives the company sufficient notice of hisher vacation vacation pay for vacation periods of one full week or more will be paid by separate deposit on the regular pay day immediately preceding the commencement of the vacation Vacation pay for periods of less than a full week will be paid as part of the employees regular pay covering the period in which the vacation days are taken

2903 In order to be eligible for the whichever greater basis an employee must have worked a minimum of 1040 hours during the twelve (12) month period ending on December 31bull If an employee accumulates fewer than 1040 hours during the vacation year the employee will receive the percentage In either case the employee will be entitled to their allotted time off

2904 On or before April 1st of each year the Company will advise the employees by notice posted on the bulletin board whether it intends to schedule a plant shutdown or a period of reduced production during the months of June July or August of that year and state the affected dates and classifications to be Involved In cases where there is a scheduled shutdown or period of reduced production up to two (2) weeks of any employees vacation eligibility will be scheduled by the Company during such period by requests then In inverse seniority Requests for vacation time for the period between June 1st and December 31st will be submitted to the Company with their first and second choice requests by April 8th Employees will be notified of conflicttng requests so they may submit alternate requests by April 28th No later than May 15th the Company will post a notice that shall identifY the employees who will be assigned vacation during this period and the number of employees tn each classification that the Company will require to work If the Company fails

LQIective Agre~ment Jn~fwfen Enigbinter (1msdslnc and CAW Locitl1769

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 37: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

to post the schedules as above they will not be able to force an employee to take their vacation during shutdown

2905 (i) Any vacation time In excess of that scheduled for the plant shutdown or period of reduced production shall be scheduled In accordance with such requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(li) Vacation requests for the period between January 1 and June 1 shall be submitted by December 1st of the previous year and shall be scheduled in accordance with requests provided that conflicts will be scheduled on the basis of plant-wide seniority and shall be subject to production requirements

(iii) Vacation requests by employees after the April 8th and December 1st dates identified above (for those periods) will be considered on a first come first serve basis will be granted or denied not later than the 5th working day following the request

2906Any vacation not scheduled by September 15th will be paid out the first pay period in October If an employees approved vacation is after September 15th it will be paid when vacation is taken

2907 Laid off employees shall receive their vacation pay on the first regular pay day after July st

2908 If a paid holiday occurs within the employees vacation period heshe shall be allowed an extra day off with pay at the end of hisher vacation or to be rescheduled at a later date

ARTICLE 30 HEALTH AND WELFARE

3001 (a) The Company will continue to pay the premiums for seniority employees and their eligible dependants for the following

(i) Pay direct drug plan prescribed medicines (product selection) no co-pay

(ii) Semi-private hospital coverage

(Ill) Extended health care coverage services of a graduate registered nurse (to a maximum of $1000000 per participant per year) prosthetic appliances and durable medical equipment services of a licensed dental practitioner (accident) emergency transportation ($50000 per year maximum) services of a registered physiotherapist ($50000 per year maximum) services of a clinical psychologist ($50000 per year maximum) services of a qualified speech

CoJJ~ctive A~r~~m~nt b~tw~~n Erin~kin~~T Canada Inc and CA W Local 1769 Pabull36 of65

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 38: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

therapist $100000 per year maximum) services of a registered masseur ($50000 per year maximum services of a chiropractor osteopath chiropodist podiatrist naturopath and Christian science practitioner ($50000 per year maximum each Out-of-ProvinceCountry ($500000000 maximum coverage Laboratory and Diagnostic Services Chiropractic coverage shall have the deductible reduced to $17500 annually effective May 1 2011

(iv) Audio plan including hearing aid benefits $30000 per participant every 36 months

(vJ Dental plan basic coverage - 100 over current ODA schedule includes diagnostic services preventative services basic restoration oral surgery adjunctive general services standard denture services periodontal services endodontics services surgical services maximum $100000 per calendar year per participant Dentures (combined basic I denture 50 to a $100000 max

(vi) Vision plan middot eyeglasses or contact lenses and eye exam up to two hundred fifty dollars ($25000) per participant once every 24 months

(vii) Group life insurance equivalent to one years wages seven thousand five hundred ($750000) for spouse three thousand dollars ($300000) for dependent children Accidental death and dismemberment coverage of an equal amount for employees

(viii) Long-term disability (employees only) 60 of regular monthly earnings two hundred thirty (230) day waiting period - twenty-four (24) months own occupation any occupation thereafter

(ix) Sickness and Accident Benefits - The Employer will implement a weekly indemnity plan for seniority employees providing coverage from the seventh (7th) day of illness accident or hospitaliZation to a maximum of eight (8) days based upon fifty percent (50) of the employees weekly wages up to the Employment Insurance maximum At the end of the eight (8) day period an employee still absent due to illness accident or hospitaliZation will then apply to receive fifteen [151 weeks of Employment Insurance Sick Benefits Upon completion of the fifteen (15 week Employment Insurance Sick Benefits period the employee may apply for further coverage under the weekly indemnity plan for up to a further one hundred eleven ( 111) days

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 39: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(x) Same sex relationships now covered under aJl benefits

3002 (a) The Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work because of layoff or personal leave of absence for the balance of the month in which such absence commences and for two (2) months following

(b) (i) Notwithstanding subparagraph (a) above the Company will continue to pay premiums for benefits proVided in this Article for seniority employees absent from work due to a workers compensation claim for a period of one (l) year from the date of accident as defined by the Workers Compensation Act

[il) The Company agrees to continue to pay the premiums for benefits provided in this article for all seniority employees and their eligible dependants absent from work due to nonshycompensable medical reason up to 119 days or union leaves of absence as defmed In Article 1503 or during the initial thirty (30) month period while on LTD benefits

3003 Probationary employees shall not be entitled to any of the foregoing benefits An employee becoming eligible for such benefits will be enrolled at the first of the month following the date that the employee becomes eligible Any change in benefits arising from the change in status of an eligible employee shall take place on the first (1st of the month following the date on wWch such employee changed hisher status

3004 When an employee Is absent from work for medical reasons whether compensable or non-compensable the employer may require the employee to provide a medical certificate stating that the employee is andor was unable to perform hisher duties due to sickness illness or injury and setting out the nature of such sickness illness or Injury

3005 (a The Company will loan to employees who are absent from work for non-compensable injuries illnesses or accidents $20000 per week to a maximum of six (6) weeks commencing with the second full week of absence

(b) To be eligible for this loan the employee must frrst sign the waiver In Schedule B

(c) Upon commencement of receipt of EI benefits for such leave the employee will advise the Company of such receipt The Company will cease further loan payments to the employee The employee will immediately repay to the Company all money loaned pursuant to sub-paragraph (a)

Collective Atrtlrnenl between ElrintklirJ8er CatutJt Inc and (A W Loca1769

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 40: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 31 - HARASSMENT IN THE WORK PLACE

3101 The Union and the Company recognize the problem of harassment in the workplace and are committed to ending it 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 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 can be defmed 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 sexual nature such as remarks about appearance or personal life offensive written or visual actions like graffiti or degrading pictures physical contact of any kind 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 bull

The experience of harassment can be overwhelming for the victim People often react with shock humiliation and intense anger Therefore the victim of harassment may not always feel comfortable going through the nonnal channels for resolving such a problem

Because of the sensitive personal nature of harassment complaints especially racial and sexual harassment the victim may prefer initially to seek other assistance This could be any local Union elected person or official including members of the womens committee human rights committee and affinnative action committee This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership and Company management if necessary The Company and the Union agree to assist in any necessary investigation

The Local Union President and the Unit Chairperson must contact the CAW National Representative and if necessary they will meet with a senior company representative(s) This issue must be handled with confidentiality and is to be resolved within ten (10) working days of notifying the unit chairperson and Local Union President

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 41: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated

ARTICLE 32 CLAsSIFicATION AND WAG~ RATES

3201 The Company will pay employees according to the wage and classification structure found in Schedule A which shall be written into and form part of the Collective Agreement

ARTICLE 33 -middot Pli_NSIQN

330 1 The Company will contribute to the Canada Wide Industrial Pension Plan in the amount of one dollar and fifty-one cents ($151) on behalf of all seniority employees for all compensated hours to a maximum of eighteen hundred (1800) hours per year The contribution shall be increased to one dollar and stxty-six cents ($166) in the second year of the Collective Agreement effective April 1 20 12

ARTICLE 34 bull SICKNESS DUE TO HEATmiddot

3401 If where an individual employee is overcome or unable to continue hisher shift due to combined excess heat andor humidity such employee shall be excused for the balance of the shift without pay upon notification to hisher individual supervisor of hisher heat problem Once excused the employee shall be required to clock out and leave the plant If employees are so excused such day will be recorded as an excused absence

3402 Employees may be required to substantiate their absence pursuant to 3401 by way of a medical certificate if the Company has reasonable grounds to belteve that the request to be excused is not legitimate

3403The Company recognizes the problems caused by high temperatures and humidity The Health amp Safety Committee will meet prior to summer (May) each year of the Collective Agreement to review the Employers policy regarding heat and humidity in the plant The parties will discuss methods of reducing discomfort in an effort to reduce these problems and to determine mutually acceptable means of alleviating these situations

ARTICLE 35 bull PAID EDUCATJON LEAVE

3501 The Company agrees to pay into a special fund two cents (2cent) per hour per employee for all compensated hours for the purpose of providing paid education leave Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of trade union functions

Collective AirWrJcrJt betwccrJ Elnnf1kinf1cr Canada Inc and CAW Local 1769 Parbull 40ol65

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

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basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 42: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

Such monies to be paid on a quarterly basis into a trust fund established by the National Union CAW and sent by the Company to the following address CAW Paid Education Leave Program Box 897 Port Elgin Ontario NOH 2CO

The Company further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay 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 on said leave of absence will continue to accrue seniority and benefits during such leave No more than two (2) employees will be off work under this article at any one time

The Company further agrees to supply the Union with the following Information when each contribution is sent to the Paid Education Leave Program the Local Union number the Bargaining Unit(s) covered the number of employees the number of hours used In the payment calculation and the period of time covered

ARTICLE 36 - HEALTH AND SAFETY

3601 The Joint Health and Safety Committee shall be made up of three (3) Union reps and three (3) Company reps

The number of representatives shall be reduced from three 3) each to two (2) each when the number of employees working In the plant is below sixty (60)

3602 The Company and the Union recognize the necessity to train all employees In safe and healthy work practices Therefore both parties agree that qualified lndtvtduals on the Joint Health and Safety Committee shall be permitted to conduct at least eight (8) paid hours of training to all employees in every year of this agreement New employees may require such additional training as the Joint Health and Safety Committee deems necessary up to a maximum of eight (8) hours The Union Health and Safety Co-Chair will be present during at least one (1) session of all various forms of health and safety training conducted

3603 Four members of the Joint Health and Safety Committee (two (2) Company and two 21 Union) will receive the legislated training for certified representatives The remaining two (2) members of the Joint Health amp Safety Committee one (1) Company and one (1) Union) will be paid at their straight time hourly rate for time spent in attendance at Level 1 Health amp Safety training to a maximum of forty (40) hours or such other training as may become legislated

Pagbull 41 of65

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

Pbullbull42of65

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 43: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

3604 In addition to duties under health and safety legislation the duties of the Joint Health amp Safety Committee are as follows

1 To attend scheduled monthly meetings or emergency meetings when necessary called either by the Company or the Union The Company will continue the wages of Union Committee persons while perlorming duties under this article Minutes of these meetings will be taken and distributed to both parties

2 To inspect the facility on a regular basis (monthly) to identify health and safety concerns and make recommendations for changes and corrections for the elimination of health and safety hazards To inspect newly installed equipment prior to start-up for safety reasons

3 Receive investigate and dispose of complaints in a timely manner and prepare necessary reports

4 Every industrial injuryillness must be immediately reported by the employee to hisher co-ordinator along with the completion of a Company AccidentIncident Report At the request of either coshychairperson in the case of an accident the co-chairs or designate will investigate and prepare a report The co-chairs will receive a copy of all incident accidents investigation and near miss incident reports

5 The Union representative will be permitted to leave hisher regular duties for a reasonable period of time to perlorm duties under this article upon notifYing a co-ordinator The co-ordinator will have a reasonable period of time to obtain a replacement If necessary

6 If a void exists on the union side of the Health amp Safety committee the chairperson will act as the representative of this committee

In addition the Union Chairperson will be allowed to attend joint Health and Safety meetings as an observer (voice - no vote) quarterly

3605 The Company will provide the Joint Health amp Safety Committee with complete hazard information and all controlled substances in the workplace

3606 Approved personal protective equipment (by the Joint Health amp Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employee If necessary such equipment will be replaced upon return of previously issued equipment The Company will reimburse seniority employees for prescription safety glasses up to one hundred and thtrty-flve ($135) in each year of the agreement upon presentation of a receipt Safety frames must be CSA approved The

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Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 44: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

Company will replace prescription lenses with an approved changed prescription Glasses broken in work-related incidents will be replaced by the Company

3607 Not fewer than two (2) employees shall work in the plant at any one time

3608 Employees of the Company shall have the right to refuse work deemed unsafe or hazardous in accordance with the provisions of the Occupational Health and Safety Act and the regulations as in force as of January 1 1997

3609 Local or National Union Health amp Safety staff shall be permitted to visit the workplace upon prior notification to the Company

3610The Union Health and Safety co-chairperson or the designated representative will be present during Ministry of Labour inspections or accident investigations and Ministry of Environment inspections or investigations The Plant Chairperson will be present during WSIB representative Investigation of an employees WSlB claim

3611 No employee shall be required to work on any job or operate any piece of equipment until heshe has received safety training and instructions

36 12lf an employee is sent to the hospital during their shift the Company will make available appropriate transportation for such injured employee that will be either cab or ambulance depending on the severity The Company if necessary will send an employee trained in First AidCPR to accompany the employee to the hospital The names of the trained persons will be posted on the bulletin board

The Company agrees to train the Union members of the JHSC in First CPR The Company further agrees to ensure a minimum of two (2) bargaining unit employees per shtft are trained in First AidCPR on a voluntary basis on the employees own time

3613 Eye wash stations will be properly maintained

ARTICLE 37 - SUBSTANCE ABUSE

3701 During negotiations the Union and Corporation representatives discussed substance abuse as it affects our employees that you represent In addition to the serious consequences to the individual both parties recognize that substance abuse contributes to absenteeism and turnover and other disruptions of the work force and It can adversely affect safety job performance and employee morale

3702The Corporation realizes the Importance of a continuous co-operative effort between Its Management and the CAW officials and members in

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 45: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

this regard and it will be appropriate for the CAW and the Corporation to review and discuss these problems from time to time on a case by case basis with a view to providing assistance to addicted employees consistent with these employees attitudes toward their problems

3703 Such assistance Includes but Is not necessarily limited to identification of the problems at its earliest stages motivating the individual to appropriate treatment and rehabilitation facilities and a continuing education of members of Management and Union alike to recognize and deal constructively with such problems as they arise

3704 The Corporation will provide all normal health and welfare benefits for employees who are enrolled in and undergoing a prescribed substance abuse program to cumulative maximum period of three [3) months Under no circumstances Will the Company be obligated to extend such benefits beyond this three (3) month cumulative maximum period

3705The Corporation will strive to co-operate with the CAW In supporting and emphasizing the objectives of an employee assistance program

3706The Company agrees an employee who returns from a substance abuse program (not to exceed three [3) months) will return to the job they held before they went off work provided they are capable of performing such job If the employee is unable to perform such job they will be dealt with under the modified work provisions tn Article 1208

ARTICLE 38 - SKILLEQ TRADES AND APPRENTICES

3801 For the purpose of this Agreement skilled trades Journeymenwomen classifications shall be as listed below

Electrician Industrial MechanicMillwright

(a) In the event that it becomes necessary to establish a new classification the parties will meet and discuss the classification and the rate of pay The rate of pay for such new classification shall not be less than the lowest journeymanwoman rate of pay in the collective agreement

(b) If the Committee is not In agreement with the wage rate and the Committee and Management cannot resolve the difference the Union may treat the dispute as a policy grievance under Article 8 An arbitrator shall have authority to establish the wage rate which shall not be set lower than the lowest rate in skilled trades The rate set by the arbitrator shall be effective as of the date of the arbitrators award

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 46: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

3802 Probationary Period The first five hundred (500) hours of employment for every apprentice shall be a probationary period Durlng this probationary perlod the apprenticeship agreement with an apprentice may be cancelled by the company All regulatory agencies shall be advised of such cancellation

3803 After the signing of this Agreement employees enterlng the trades shall have date of entry seniority In the skilled trades as listed under Section 1 except apprentices who shall be credited with 100 of their apprenticeship time

3804 Non-skilled trades workers will not carry seniority Into the skilled trades occupations and the skilled trades workers will not carry seniority Into non-skilled trades occupations

3805 The term journeymanwoman as used In this agreement shall mean any person

(a) who presently holds a joumeymanswomans certificate in the skilled trades classification

(b) who has served a bonafide apprenticeship and holds appropr1ate substantiative documentation of such training

(c) who has eight (8) years or more of practical exper1ence In the skilled trades classification and can prove same A CAW UAW journeymanwoman card will be considered proof of qualifications

3806Any new employees hired In the skilled trades classifications In this plant after the signing of this agreement will be limited to journeymenwomen as defined In 3805 and apprentices

3807ln the event of a decrease in the work force In any skilled trades classification group as designated In Article 3801 the following procedure shall apply subject to Article 1301 1302 (II) 1305 1307 and 1308

(a) Supplemental employees will be returned to their former job

(b) Probationary employees will be laid off from their skilled trades classification firstly and apprentices will be laid off secondly

(c) If any further employees are to be reduced from any skilled trades classification such employees will be laid off In order of their seniority from such skilled trades classification group Skilled Trades employees notified of layoff will be allowed to displace a junior Skilled Trades employee provided they are capable of performing the work

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 47: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(d) When it is necessary to again increase the working force employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to satisfactorily perform the work required

3808 Skilled trades journeymenjourneywomen and apprentices shall each be entitled to reimbursement for tools purchased and necessary for work up to $27500 for each contract year of this agreement

The Company will

(a) replace tools which have been damaged during the proper use of such tools in the performance of Company duties

(b) replace stolen tools unless as a result of negligence of the skilled trades person and

(c) supply specialized tools which remains the property of the Company

(d) allow employees to purchase additional tools to a maximum of $20000 for each contract year Payment will be deducted through payroll deduction over three (3) consecutive pay periods

3809All articles and working conditions in this Agreement are applicable to skilled trades employees and apprentices except where such terms are in conflict with the terms of this Article

3810The Company and the Union agree to negotiate an apprenticeship program The apprenticeship standards shall be in keeping with the standards of the National UnionCAW The apprenticeship standards when completed shall be considered as an inseparable part of this Agreement

38 11 The Company will provide necessary coveralls to skilled trades employees if required

3812 Should a skilled trades employee become medically unfit and unable to follow hisher skilled trade the Company and the Union will cooperate to place such an employee on a job they are capable of performing

3813 No work will be performed in or out of the plant by outside contractors in an employees particular trade while skilled trades employees capable of performing the work are on layoff

The Company will not use outside contractors to avoid hiring skilled trade employees except to supplement the workforce on a temporary

Paf1bull46of65

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

Pbull8lt48oi6S

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 48: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

basis after exhausting the employees In the classification or If there Is a need for specialiZed skills

38 14 It is agreed that any new journeymanwoman hired must meet the status In Article 3805 and such status will be supplied to the Union Committee prior to any new journeymanwoman being hired

38 15 Whenever the skilled trades department Is required to Increase Its work force and qualified skilled trades employees (Including journeymenwomen) are not available non-skilled employees may be hired or classified on a temporary basis to supplement the workforce In the skilled trades department and shall be known as a supplemental employee Such supplemental employees shall not accumulate seniority in the skilled trades department but will accumulate plant seniority The vacancy for a supplemental employee shall be posted to allow employees In the bargalnlng unit to apply before a new employee is hired for the position

3816 Discipline Subject to the rights under Articles 8 and 9 of this agreement the company may discipline andor cancel the apprenticeship agreement of an apprentice at any time for just cause which shall include the following

(l) the Inability to Jearn

(til unreliability

(til) unsatisfactory work

(iv) Improper conduct

(v failure to regularly attend classroom attendance

3817Wages Apprentices shall be paid a progressively Increasing schedule of wages as follows

The first thousand hours - sixty-five percent (65 of the journey persons wage rate The second thousand hours - seventy-percent (70) of the journey persons wage rate The third thousand hours - seventy-five percent 75 of the journey persons wage rate The fourth thousand hours - eighty-percent (80) of the journey persons wage rate The fifth thousand hours - eighty-five percent (85) of the journey persons wage rate The sixth thousand hours - ninety-percent (90oo) of the journey persons wage rate

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 49: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

The seventh thousand hours - ninety-five (95oo) of the journey persons wage rate The eight thousand hours andor until acquisition of certificateshyninety-five percent (95) of the journey persons wage rate

3818Hours spent in classroom instruction shall not be considered hours of work in computing overtime

38 19Apprentices who are gtven credit for previous experience shall be paid upon receiving such credit the wage rate for the period to which such credit advances them This shall not be made retroactive

3820When an apprentice has completed eight thousand (8000) hours of training (or such greater requirements as provided for in the legislation or regulations) and after receiving hisher journeymanswomans certificate heshe shall be paid the rate applicable to skilled journeymenwomen in the trade in which heshe has served hisher apprenticeship provided an opening exists for employment as a journeymanwoman

3821 The Company agrees to deduct Canadian Skilled Trades Council dues as adopted by the Canadian Skilled Trades Council equal to 12 hour wages per year at the employees base rate

The first such dues will be made from the employees first pay following completion of their probationary period thereafter dues deductions will be made in January of each succeeding year or upon completion of one months work in the calendar year These deductions along with the names of the employees shall be remitted to the financial secretary of the local union

ARTICLE 39 - COST OF LIVING ALLOWANCE (COLA)

39011n addition to the wage rates of each employee and subject to the conditions and provisions set forth herein a COLA shall be paid to each employee based on the following

(a) During the life of the agreement each employee shall receive a cost of living allowance as set forth in this section

(b) The amount of cost of living adjustment (COLA) shall be determined in accordance with increases in the Consumer Price Index 1992 = 100 hereafter referred to as the 1992 CPI

(c) In determining the three (3) month average of the indexes for a specified period the computed average shall be rounded to the nearest 01 index point ie 05 and greater rounded upward and less than 05 rounded downwards

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(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 50: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(d) The COLA shall be computed using the three-month average of the 1992 CPI for January February and March 2011 as the base period Each quarterly calculation will be calculated using the average CPI for that quarter and the original base established for this collective agreement

(e) COLA payments will be made on a quarterly basis at the following times

Effective Date of 1992 CPI from Based upon three-month average of Adjustment the tlrst pay period beginning on or after July 1 2011 April May and June 2011 October 1 2011 July August and September 20 11 January I 2012 October November and December 2011 and at three calendar month intervals thereafter

Quarterly payments will be made within two (2) pay periods of the publication of the 1992 CPI index for the previous quarter

The Company will provide the Plant Chairperson with a copy of the calculations used to determine each quarterly COLA prior to payment

0 One cent (1cent) adjustments in the cost of living allowance shall be made quarterly upward or downward for each 00937 change in the 1992 CPl but in no event will a decline in the Consumer Price Index result in a reduction in the negotiated wage rates

(g) The COLA In effect at the time shall be paid for all hours worked and for all hours of pay which an employee receives for holiday pay call-In pay vacation pay jury duty pay and bereavement pay

(h) In the event Statistics Canada ceases monthly publication of the Consumer Price Index or changes the form or 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 January 2005

(i) No adjustment retroactive or otherwise shall be made due to any revision which may later be made in the published Statistics Canada CPl

ALL ARTICLES ATTACHED APPENDIXES AND SCHEDULES LETTER OF INTENT FORM PART OF

THIS AGREEMENT

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 51: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

ARTICLE 40 - DuRATION

4001 The agreement shall be effective from the first (lbullt) day of April 2011 to and including the 31bullt day of March 2014 Either party shall be entitled to give notice in writing to the other party as provided In the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry date of the agreement Following such notice to bargain the parties shall meet within fifteen 15) days of the notice or within such further period as the parties mutually agree upon

lt Is agreed that during the course of bargaining it shall be open to the parties to agree In writing to extend this agreement beyond the expiry date of 31st day of March 2014 for any stated period acceptable to the parties and in accordance with the Labour Relations Act

Provided that for purposes of all notices under this article notice in writing shall be deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mall addressed to the current address of the other party

Cofl~tive A~rumt-nt fu~tw1tn Efrintltfitttltrr Camua Inc rtnJ CAW Laca1769

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

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Page 52: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

LETTER OF UNDERSTANDING 1 - RE BANKING OVERTIME HOURS

Employees may elect to bank any overtime hours worked to entitle them to take paid time off work during normal working hours Hours that are banked will be banked at the appropliate overtime rate for the actual hours that were worked The maximum hours that any employee may accumulate in their bank is eighty (80) paid hours Banked hours must be used or paid out in the calendar year in which they are accrued

Time off in accordance with this letter shall be requested at least five (5) days in advance The Company may permit such requests at Its discretion and in consideration of Its needs

() Notice for withdrawal of banked hours during vacation are received at least five (5) days prior to the commencement of vacation

(il) Banked hours drawn during vacation will be paid out in total or forty (40) hour Increments

(Ill) Where the request Is for money (not time offl the five (5) days notice will be waived where payroll can accommodate the request These requests will also be for increments of forty (40) hours or equal to the balance in the bank at the time of the request

LETTER OF liNDERSTANDING 2 - RE LUNCHROOM AND WASHROOM AND FIRST AID

During the course of negotiations the parties discussed the importance of maintaining a clean and sanitary work environment Specifically concern was raised by the Union regarding the cleanliness of the lunchroom washrooms water coolers and walkways It Is understood that at the 1 Seneca faclity these responsiblities among others are to be carried out by the Housekeepers Accordingly the Company will emphasize the importance of this element to this classification The parties further agree that it is also the responsibility of each employee to use garbage receptacles recycle bins etc

LETTER OF UNDERSTANDING 3 - RE TUITION REFUND

The Company agrees to pay for lOOOAl tuition fee and 75 of required book fees associated with such course for employee who successfully complete accredited courses To qualify for a refund employees must obtain prior approval of any course they wish to take and eligible courses will be those considered related to the Companys business After successfully completing a course employees must present their receipt to obtain the refund The maximum refund paid to any employee will be one thousand dollars ($100000) over the life of this agreement

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

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LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

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LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 53: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

LETTER OF UNDERSTANDING 4 - RE PARKING

The Company will make available a suitable parking area for all employees at no cost to them

Appropriate lighting will also be provided and maintained

LETTER OF UNDERSTANDING 5 - RE SAFETY SHOE ALLOWANCE bull

All seniority employees are eligible to receive a maximum of one hundred and twenty-five ($12500)1n each contract year which the employee has worked at least three (3) months for the company to subsidize the cost of one (1 pair of CSA approved safety footwear A receipt must be provided to verify the purchase The foilowing classifications wtll be reimbursed double the amount every contract year Material Handlers Skilled Trades Mold Techs General Maintenance Housekeeper Mold Tech Trainees who have been actively employed in this capacity for at least three (3) months of the respective contract year shall also qualify to receive double the subsidization amount

LETTER OF UNDERSTANDING 6 DISCONTINUANCE OF OPERATIONS

RE PERMANENT

Where there is a permanent dtscontinuance of the Companys entire operation the Company will pay to each employee laid off as a result of the permanent discontinuance or laid off within three (3 months of the permanent discontinuance the greater of

(a) One Hundred Dollars ($10000) for each full year of employment or

(b) the amount to which the employee is entitled pursuant to the severance pay section of the Employment Standards Act

For purposes of this Agreement and for any applicable legislation such entitlement shall be deemed to be a severance payment and shall not be considered wages salary or payment In recognition of hours worked

LETTER OF UNDERS[ANDING 7 - RE FITNESS INCENTIVE

The Company agrees to pay one half (12) of the membership fee for employees and immediate family for basic fitness membership at the Sherk Complex Leamington on the following basis

(a) The Company will pay the annual membership fee for the employee (and family) enrolment in September

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

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3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

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The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 54: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

b) The Company will deduct from the employees regular pay a sum of money equivalent to the annual membership fee divided by the number of pay periods tn the year The employee will stgn a waiver to allow for this deduction

(c) Upon the employee (or famUy) utilizing the Sherk Health Faciltty at least forty (40) times in the one year period commencing tn September the Company will re-imburse the employee one half (12) of the employees membership fee to a maximum of Two Hundred Fifty Dollars ($25000)

(d) Employees or immediate family members who are enrolled in other fitness facilities shall be entitled to the same reimbursement offered above with the exception of the payroll deduction The employee must provide the Company with proof of membership plus the cost along with proof of 40 minimum visits per year

LETTER OF UNDERSTANDING 8 - RE NATIONAL DAY OF MOURNING

The Company agrees to allow employees one (1) minute of silence at 1045 am on April 28th of each year in observance of those workers killed on the job The Company agrees to post this ahead of time

LETTER OF UNDERSTANDING 9 - RE NEW EMPLOYEE ORIENTATION

Union Information for New Employees

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 Check-off A new employee shall be advised of the name and location of hisher union representative Whenever the union representative is employed in the same work area as the new employee the employees immediate supervisor will introduce himher to hisher union representative The Employer agrees that a Union representative will be given an opportunity to interview each new 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 employees responsibilities and obligations to the Employer and the Union

If more than one employee is hired within a thirty (30) day period the interview shall be conducted in a group of all such new employees in which case the interview may last to a maximum of thirty (30) minutes

Pbulltbull53ol65

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 55: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

LETTER OF UNDERSTANDING UO AGREElriENT

RE COPY OF

The Company will proVide a copy of the Collective Agreement in booklet fonn to all seniot1ty employees within ninety (90 days of ratification and when a new employee attains seniority The Company shall also provide the Union with twenty (20) additional copies

The Company agrees to proVide summary benefit booklets to all employees and a copy of the original policy in regards to the above benefits to the Union

The folloWing will be used in establishing steady shifts for all classillcattons

1 A call for request for steady afternoons or midnights will be posted February 1 bull1 to February 1 Olh for the annual call pet1od commencing March 1bull1bull

Employees will also be asked to state whether they would accept steady days If available

2 Steady afternoon and midnight shifts for the call pet1od will be allocated to those requesting such shifts in order of seniority

3 The number of persons entitled to a steady day shift excluding the chairperson will not exceed the number of employees required on either the afternoon or midnight shift The number of persons entitled to steady afternoons cannot exceed the number of persons on steady midnights

4 Once the number of employees who have expressed a desire to work steady afternoons has been determined the Company shall offer steady days in order of sentortty to those employees who have expressed a willingness to work steady days If available These employees shall have a right of first refusal for steady days based on seniority These offers shall continue until the number of persons on steady days Is equal to the number of persons on steady afternoons

5 If an insufficient number of persons accept the offer of steady days the number of persons on steady afternoons shall be decreased by low sen1ot1ty until it is equal to the number of persons on steady days

6 Should the midnight shift not be filled with persons who request steady midnights a sufficient number of employees will be

Page54of65

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 56: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

assigned by lowest seniortty to be scheduled on a three shift rotation in order to provide for sufficient coverage on all shifts The balance of employees will be assigned two-shift rotation of days and afternoons

7 An employee who has requested a steady shift may request to be removed from steady shifts However heshe must return to and remain on a three-shift rotation until the next call pertod

8 If a person on steady days requests a leave of absence and if the Company in its discretion determines that it is necessary to fill the absence the steady shift will be filled by offertng it on the basis of seniority to persons on two shift rotation Upon the return of the person from hisher leave heshe shall return to steady days and the replacing employee will return to two-shift rotation

9 Persons whose requests for a steady shift have been granted may temporarilY pursuant to Article 1701 d) be required to work on a shifts) other than the shift they have requested to accommodate production or training requirements

10 If production requirements result in a decrease to a two shift operation in the classification of manufacturing specialist this letter shall apply insofar as it relates to the afternoon shift only

11 The parties will make a sincere and genuine effort to cross-train all employees within the manufacturing specialist classification

12 Shift changes will not be denied provided those employees requesting the change have the necessary skill and ability to perform the work

LETTER OF UNDERSTANDING 12 - RE TIME LIMITS

All time limits referred to in this agreement shall be deemed to mean working days and shall be exclusive of Saturdays Sundays or the holidays set out In this agreement

LETTER OF UNDERSTANDING 13 ALLOWANCE

RE CLOTHING

The Company shall continue Its practice of supplying cleaning and maintaining at its expense work wear to employees in Skilled Trades Classifications Material Handler Mold Technician and General Maintenance The Company will supply all backups in the classifications of Mold Tech General Maintenance and Material Handlers one (l) pair of coveralls to be maintained and washed at employees expense

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 57: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

The Company will ensure each employee in the above classifications has five (5) pairs of pants and shirts each week or the equivalent dollar amount In other work wear Ie shop coats coveralls

The Company will supply all employees in the classification of Housekeeper with their choice of one (l] pair of coveralls or one 1) apron or one (1] shop coat per contract year to be maintained at the employees expense

LETTER OF UNDERSTANDING 14 - RE ELECTRICIAN LICENCE

~--

The Company agrees to pay to all electricians the full cost to renew their government industrial electrician licence each year

LETTER OF UNDERSTANDING 15 PROCEDURE

RE BACK-UP

Back-up positions will be posted and filled in accordance with Article 14 Back-ups will be used where temporary vacancies exist or the additional need arises

1 Manufacturing Speciallsts will be the only employees eligible to fill the back-up roles Should an employee in a department other than Manufacturing Specialists be a successful candidate on a back-up job posting they must be willing to return to the role of Manufacturing Specialist Should an employee in Manufacturing Specialist classification be the successful candidate for backup in Mold Tech Lead Hand or General Maintenance they will be able to stay in thetr home Department

2 An employee shall hold only one back-up role at any one time Employees will only be allowed to be the successful applicant on one back-up Job posting in any consecutive six (6] month period The one (I] back up posting in any consecutive six (6] month period does not apply to candidates who wish to apply for a backshyup Mold tech position

3 Back-up roles will be identified by the classification If back up is required the next senior employee on the back-up list on the shift will be used If the vacancy exceeds the end of the current shift rotation scheduled (two week maximum) all employees regardless of shift holding back-up positions will be offered said work in accordance with seniority Overtime opportunities for back-ups will be in accordance with Article 18

4 Employees once identified as back-ups will be removed from the lists should they

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 58: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

(I) Be the successful incumbent to a permanent job posting outside manufacturtng specialist classtflcation

(ii) Placed on layoff for a period longer than one (I) year

5 Employees penormlng work in a back-up role will be paid the rate of pay of that particular job

LETTER OF UNDERSTANDING 16 RE STANDARD PROCEDURE middotEMERGENCY TELEPHONE CALLS

The Company commits to a proper procedure whereby emergency phone calls will be forwarded to employees promptly The procedure will be posted at all times If a change to the existing procedure occurs the Company will meet with the Committee to discuss said change(s) and will post It on all bulletin boards

LETTER OF UNDERSTANDING 17 - RE TEMPORARY PART TIME EMPLOYEES

The parties agree that In the preVious collective agreement all references to Temporary Part Time Employees were removed and they were deemed to be probationary employees whose time was credited towards obtaining seniority Accordingly this same practice shall continue

LETTER OF UNDERSTANDING 18 - RE ADDITIONAL MANPOWER

For indirect departments when additional manpower is required or an absence exists the following procedure will apply

Weekend 1 Backup employees for the classification on the shift will be utilized

2 Offer split shift (ie 4 hours each) to employees in the classification on the preceding and following shifts

3 Utilize temporary transfer clause [Article 1401 (e))

4 Any other qualified employee In the bargaining unit capable of penorming the work in question

Weekday l Back up employees for the classification on the shift will be

utilized

2 Utilize temporary transfer clause (Article 140l(e)J

P_So65

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 59: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

3 Offer split shift (Ie 4 hours each) to employees in the classification on the preceding and following shifts

4 Any other qualified employee in the bargaining unit capable of performing the work In question

Except as set out above employees shall not be entitled to work overtime shifts In the folloWing circumstances

I the employee has worked the afternoon shift prtor to the scheduled overtime shift which would result in the employee working more than eight consecutive hours

2 the employee requests to be scheduled on two shifts in the same day which would result in the employee working more than eight hours in the day

unless agreed to by the company and the employee

LETTER OF UNDERSTANDING U9 - RE MOLD TECH TRAINING PROGRESSJON

The Company will establish consistent and reasonable qualifications and requirements and provide adequate training for the Mold Tech Training Program

Levell Successful applicant to Mold Tech Trainee rate of pay 85oo of Level 4

Level2 1000 hours spent at Level I Must fulfil all qualifications and requirements of Level 1 Rate of pay - 90 of Level 4

Level3 1000 hours spent at Level 2 Must fulfil all qualifications and requirements of Level 2 Rate of pay - 95 of Level 4

Level4 Mold Tech I 000 hours at Level 3 must fulfil all qualifications and requirements of Level 3 Rate of pay - As per Collective Agreement

Mold Techs displaced or laid off and Mold Tech Trainees who have completed Level I and who are displaced or laid off from the Mold Tech Trainee classification will automatically become backups for the Mold Tech classification provided they bump into the manufacturtng specialist classification Hours worked as a Mold Tech backup will be applied to the hours of work requirements of the Mold Tech Trainee progression

Pbullte58of65

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 60: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

The rate of pay for the Mold Tech backups will be In accordance with the above based on hours worked as a Mold Tech backup and upon successfully fulfilling the qualifications and requirements of each level

Layoffs layoffs affecting the classification of Mold Tech or Mold Tech Trainee will be as follows

1 Mold Tech Trainees based on length of service in the classification

2 Mold Techs with less than 18 months service as a Mold Tech based on length of service In the classification

3 Mold Techs with more than 18 months service as a Mold Tech based on-plant wide seniority

Employees laid off or displaced pursuant to the above shall be governed by the bumping provisions of Article 13

Recalls from layoff shall be In the reverse order of the above layoff procedure

Mold Techs shall be entitled to reimbursement for tools purchased for work up to two hundred and seventy-five dollars ($27500) over the life of the agreement Specialized tools will continue to be supplied by the Company and will remain the property of the Company

LETTER OF UNDERSTANDING 120 - RE VENTILATION

In consultation with the Joint Health amp Safety Committee the Company will provide adequate ventilation in the plant This will include reviewing recommendations to the Company as to what improvements are necessary to ensure adequate ventilation movement of air and air make-up occurs at all times The Company will make every reasonable effort to provide fan coverage at all work stations Fans will not be placed in locations which will adversely affect health and safety or adversely affect the manufacturing process

The parties agree that a preventive maintenance program will continue and that any ventilation requirements for new equipment will be considered In the Health and Safety sign-offs The parties also agree that It is the Companys express prerogative to determine how this work will be performed and by whom

LETTER OF UNDERSTANDING 121 - RE LOCKERS

The Company will provide lockers for all employees

Pbull1bull59of65

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 61: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

LETTER OF UNDERSTANDING 22 - RE SKILLED TRADES ASSIGNMENT OF WORK

The Company agrees that when assigning work in the Maintenance Department electrical work will be assigned to electricians mechanicmillwright work will be assigned to mechanicmillwrights and other maintenance classifications that may be established through the life of this agreement will have work in that classification assigned to employees within that classification

The parties further recognize there are some grey areas of common work between the classifications that will be determined throughout the transition period keeping in mind the specific trades safety and common sense

Where additional work exists within one particular maintenance classification or a lack of work exists within a particular maintenance classification the Company may assign an employee from one classification to work with an employee from another classification

This language applies to straight time and overtime alike

The parties recognize and agree there will be a transition period and ongoing need for dialogue to this amended approach to the assignment of work to the above trades but are committed to achieve the objectives laid out in this letter

The Company further agrees that it will work with the trades people and the Union to more clearly define job descriptions throughout this process

LETTER OF UNDERSTANDING 23- RE DOCTORS NOTES

The Company agrees to pay for doctors notes under the following circumstances

1 Third party assessment

2 Reassessment of existing medical Issue whereby doctors notes have already been submitted and paid for by the employee

3 Where the employee has medical forms from one of the Companys insurance carriers for benefits

This letter is not to be construed as contractual consent to medical assessments but only to outline when the company will pay if these situations are agreed to

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 62: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

LETTER OF UNDERSTANDING 24 - RE JOB POSTING

The Company will discontinue using education discipline attendance and the seniority point system (as outlined in the previous matrix) for all future job postings

The Company will not test for manufacturing specialist classification except in the case of new hires For positions where a test is required a pass mark will be established and communicated prior to test being taken and if pass mark is met then seniority will prevail

The company will agree to post manufacturing specialist vacancies if new employees are being hired

LETTER OF UNDERSTANDING 125 - RE SKILLED TRADES VACATION

The Company will agree to allow one Electrician and one Millwright off at any one time (up to a maximum of two weeks of their vacation eligibility) during the months of June July or August

Additional vacations will be subject to production requirements but will not be subject to other trades classifications time off

LETTER OF UNDERSTANDING 26- RE STUDENTS

The Company will request that students identify their status prior to employment and sign a waiver that their hours will not be counted as time towards achieving seniortty Should the student not return to school on a full time basis and wish to remain employed at ElrtngKlinger Canada lnc or request a change of status from student to probationary their performance will be evaluated and if deemed suitable they will be classified as a probationary If they achieve the necessary 60 days as a probationary the Company agrees to recognize their seniority in accordance with the Collective Agreement

LETTER OF UNDERSTANDING 127- RE ARTICLE 2806

In the event of a production related emergency the Employer will notify the Union in writing by noon of Thursday of their inability to grant Paid Absence Allowance pursuant to Article 2806 At the same time the Employer will provide the Plant Chairperson with the specifics of such emergency and will meet with the Committee forthwith to consider options and alternatives

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 63: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

LETTER OF UNDERSTANDING 28 - Rlj JOB ROTATION

The parties agree that within 45 days of ratification a new job rotation system shall be implemented pursuant to the following

Employees working on the High Feature V-6 (HFV6) Line I Line 2 and 46 Line shall rotate amongst themselves Said rotation shall occur after each rest and lunch period It shall be the intent of this agreement that such rotation shall be in a set order of all jobs within each specific line and from line to line

In the event that there are insufficient employees for the rotation schedule identified above or if there is a need to reassign employees to jobs that are running or where jobs are not running the rotation may be modified for the affected shift

Although employees will rotate into the floater position daily the assignment shall be for the entire shift and the schedule identified above will not apply

The parties agree to meet within thirty (30) days of ratification to determine the order of rotation and employee schedule for the workstations on each of these lines The parties further agree to meet as required to address unforeseen circumstances that may arise

Employees assigned to the 128 Line or the 148 Line shall rotate amongst themselves on their respective line after the lunch period

In the event of new work the parties will meet to discuss whether or not it should have a rotation schedule applied to it

It shall be at the discretion of the Company to halt select work on a given line for the purpose of transferring employees to another line Where the Company has done so for the purpose of operating the 43 Line those employees affected will be transferred

In the case of reassignment to any other job affected employees will only be reassigned if they have already been trained to perform the available work If an affected employee is not already trained the Company may assign the available work according to its current practice and will endeavour to distribute it on a fair basis

The Company will continue its current effort to cross-train all Manufacturing Specialists to the jobs within the classification and agrees to meet with the Chairperson on a quarterly basts to review the training matrix

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 64: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

SCHEDULE A bull CLASSIFICATIONS amp WAGES

CLASSIFICATION CURRENT COLA APRIL I APRIL APRIL I RATE FOLD IN 1111 1112 1113 +50cent 55cent 40cent 40cent

Manufacturin2 Specialist $1815 $1865 $1920 $1960 $2000 bull Housekeeper $1815 $1865 $1920 $1960 $2000 Quality Assurance $1835 $1885 $1940 $1980 $2020 i

Material Handler $1885 $1935 $1990 $2030 $2070 I ShipperReceiver I $1855 $1905 $1960 $2000 $2040 General Maintenance I $1890 $1940 $1995 $2035 $2075 bull

middot Mold Technician I $2400 $2450 $2505 $2545 $2585 i Skilled Trades $2825 $2875 $2930 $2970 $3010 I

NOTE

All newly hired employees (except skilled trades and mold technician classifications) will be paid on the following schedule 75 for probation 85 until completion of 12 months 9006 until completion of 18 months 10006 thereafter

Retroactive wage Increases will be paid within thirty (30) days of ratification

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 65: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

SCHEDULE B - EMPLOYEE LOAN WAIVER

I hereby authorize ElringKlinger Canada Inc to

(a) deduct from my pay the sum of $20000 per week until all money advanced pursuant to Article 30 of the Collective Agreement has been repaid to the Company

(b) If all money owing has not been repaid by the time the Company is required to pay out vacation pay to deduct from any vacation pay owing the balance of any sum owing to the Company as a result of advances made pursuant to Article 30 of the Collective Agreement

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 66: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union

SCHEDULE C middotHOLIDAY SCHEDULE

Holiday 2011 2012 2013 Good Frlday Aprll22 Aprll6 March 29 Vlctorta Day May23 May2l May20 Canada Daybull July l July2 July l Civic Holiday Aulust 1 Auwst 6 Auwst 5

bull Labour Day SeptemberS September 3 September2 Thanksgiving Day October 10 OctoberS October 14 US Thanksgiving Day bull November24 November 22 November 28 Christmas Eve bull December24 December 24 December24 Chrtstmas Day bull December 25 December 25 December25 Boxilll( Day December 26 December 26 December26 New Years Day bull January 112 January l13 January 114 Floaters between December 3 3 3 26 and January 1

bull To be moved by mutual agreement

Pp65of65

Page 67: CAW - Ontario · 4:04 The Union agrees to indemnify and hold harmless the Company against any and all liability. which may arise by reason of the check-off by the Company of Union