COLLECTIVE AGREEMENT Between CANADA BREAD COMPANY … · Introduction It is the Intent and Purpose of this agreement to recognize the community oflnterest between Canada Bread a Division

COLLECTIVE AGREEMENT

Between

CANADA BREAD COMPANY LIMITED (DIVISION of GRUPO BIMBO)

AND

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES.

LOCAL UNION NO. 647 AFFILIATED WITH THE

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

BRAMPTON DISTRIBUTION CENTER AGREEMENT

CONTRACT TERM: RATIFICATION (July 22, 2016) TO DECEMBER 318r 2018

BRAMPTON DISTRIBUTION CENTER AGREEMENT

INDEX

ARTICLE 1 2 3 4 5

6 7 8 9

10 11 12

13 14 15 16 17 18

19 20 21 22 23 24 25 26 27

L/U1 L/U2

Effective: Expiry:

UNION RECOGNITION UNION SECURJTY & CHECK-OFFS MANAGEMENT RJGI-ITS BARGAINING UNIT WORK HEALTH & SAFETY HOURS and SCHEDULING of WORK HOURS ofWORJ( OVERTIME BREAKS & LUNCH PERl ODS PHONE IN UNION AFFAffiS STEWARD & NEGOTIATION COMMITTEE SENIORJTY GRIEVANCE PROCEDURE HOLIDAYS, LEAVE and BENEFITS VACATIONS PAID HOLIDAYS INSURANCE BEREAVEMENT LEAVE JURY DUTY LEAVE of ABSENCE GENERAL PROVISIONS PART-TIME ASSOCIATES POSTING VACANCIES UNIFORMS NOTICE OF LAYOFF, RECALL & SEVERANCE PAY RULES APPLYING TO TERMINATION OF EMPLOYMENT NO STRJKE I NO LOCK-OUT INTEGRJTY of COLLECTIVE AGREEMENT WAGE APPENDIX EFFECTIVE DATE and DURATION Existing Part Time Temporary or Agency Workers

Date of Ratification- July 22, 2016 December 31,2018

Brampton Distribution Center

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6 6 7 7

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Introduction

It is the Intent and Purpose of this agreement to recognize the community oflnterest between Canada Bread a Division of Grupo Bimbo and the Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647 affiliated with the International Brotherhood of Teamsters, in promoting the utmost co-operation consistent with the rights of both parties. It is fi.lrther the intent of this agreement to foster a friendly spirit, which shall prevail at all times. This agreement is therefore designed to clearly set out the rates of pay, hours of work, and conditions of employment to be observed between the parties.

ARTICLE 1 -UNION RECOGNITION

1:01 The Company agrees to recognize the Union, as the sole collective bargaining agency for all shipping employees located at the Company's 20 Resolution Drive, Brampton, Ontario Distribution Center save m1d except, supervisors, those persons above the rank of supervisor, all office, clerical, and retail store staff, technical staff, sales persons, and trucking and delivery employees.

1:02 There shall be no discrimination by either the Company or the Union against any person in regard to employment with the Compa11y or membership in the Union because of race, creed, colour, nationality, ancestry or place of origin.

1:03 In this Agreement wherever the masculine gender is used, it shall be construed to be the masculine or the feminine, as the context required.

Article 2- UNION SECURITY & CHECKOFFS

2:01 All Associates of the Company covered by this Agreement must become and remain members of the Union in good standing during the life of this Agreement as a condition of employment.

2:02 The Company fi.!rther agrees to inform all new Associates who are covered by this agreement that full Union membership is a condition of employment. Tbe Company undertakes to inform the Union whenever a new Associate is hired by a written statement within seven (7) days after hiring.

New Associates shall be liable to pay the full amount of Union dues (excluding initiation fees) for the week in which they are hired. In the sixty (60) calendar day period following their hiring, the Company will deduct the appropriate mnounts from their wages and remit same in accordance with the provisions of Article 4 thereof as ifthey were regular Associates. After sixty (60) calendar days have elapsed from the respective dates of hiring, all Associates must, as a condition of employment, become members ofthe Union in accordance with provisions of the Union Constitution and Bylaws. In the case of every Full Time Associate, the Company agrees to deduct from his/her first regular pay following the sixtieth (60th) calendar day from the date of hiring, the fi.!ll initiation fee then in force, and to remit same to the Union within seven (7) days of deduction.

2:03 The Union will not hold any meetings on the Company property except as agreed to by the Company.

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2:04 The Union Steward or his/her designate shall he informed of all new associates. The Union shall receive a copy of the signed union card for associates covered hy the Collective Agreement. If the associate does not sign his union card, he shall be taken off the job at the written request of the Union.

2:05 The Company will deduct monthly from the pay of each Associate an amount specified by the Union, equivalent to Union dues and.assessments owing by each Associate for Union purposes. The total of such deductions shall be remitted to the Secretary-Treasurer of the Union not later than the 20th day of each month. The Union shall notify the Company, in writing, as to the prevailing rate of Union dues and assessments.

2:06 In case of a regular Associate being off work for any reason when dues are to be deducted, said dues will be deducted fully from the first full pay upon return to work, unless otherwise instructed, by the Secretary Treasurer of the Union. Dues will be deducted from vacation pay.

2:07 The Union agrees to save the Company harmless from any suit or judgment arising from the above Check- off arrangements.

2:08 The Company agrees to provide the Union steward with access to a locked filing cabinet and will provide union officials with private space during office hours as reasonably required in order to conduct private union business.

2:09 Union Notice Boards

The Union shall be provided with a Union hulletin Board to communicate with the Teamster membership and shall be placed in the Cafeteria. All postings must frrst be approved by the Distribution Mru1ager or his/her designate.

Article 3- MANAGEMENT RIGHTS

3:01 Management has the right to manage its business iu all respects subject to tenns of this Agreement. Management agrees to exercise these rights fairly a11d reasonably.

Article 4- BARGAINING UNIT WORK

4:01 Bargaining Unit Work

The Company agrees that SLlpervision a11dmanagement will not perform bargaining unit work if the performance of such bargaining unit work causes the layoff of any existing associates in the Bargaining unit, or if it prevents the recall of any Associate in the bargaining unit who is on lay off, or if it causes a reduction in the regular hours of ru1y existing associates in the bargaining unit. In addition, no supervisor will b'e allowed to regularly perform bargaining unit work that prevents the filling of a permanent full time position.

Distribution supervisors and those above the rank of Distribution supervisor, will not perform work normally performed by Associates tmder their supervision except in cases of emergency beyond the reasonable control of the Company, for instructional purposes or experimentation.

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Article 5 -HEALTH & SAFETY

5:01 Nothing in this Agreement shall contravene any applicable legislation, which is now in force or may in the fnture come into force, including the Occupational Health and Safety Act.

5:02 The Company and the Union recognize their mutual obligations and responsibilities nnder the Occupational Health and Safety Act of Ontario. Efforts will be made by the parties to ensure a "safety first attitude" to make safety a core value and will work diligently to exact these principles.

The Company recognizes the fundamental right of workers to refuse unsafe or dangerous work without reprisal.

The Company and the Union agree to cooperate and support the activities ofthe Joint Health and Safety Committee. This includes the worker representative to be elected by the Union membership.

5:03 The Company and the Union adopt a ZERO TOLERANCE position in relation to any form of verbal or physical abuse, verbal or physical harassment, and sexual harassment, and will be with disciplinary action up to and including termination of employment.

5:04 The Health & Safety Committee will make recommendations regarding required safety equipment and apparel.

5:05 The Company shall provide adequate First-Aid and CPR training in accordance with legislative requirements.

5:06 All Associates are expected to actively participate in the Return to Work program. This includes returning to work to complete a shift on modified duties if necessary after seeing a physician.

Disability resulting from an accident while engaged in the work of the Company shall not be sufficient cause for dismissal. Upon recovery, the disabled Associate shall return to his/her fanner position provided he/she is capable of performing the duties of that position. If the disabled Associate is found to be incapable of perfonning his/her fanner duties, he/she shall thereupon, whenever reasonably possible, be trru1sferred to work commensurate with, and suitable to his/her physical capability, a11d shall be paid the srune wage rate as other Associates in that classification who are doing the work that he is then capable of doing.

5:07 No Associate, whether hourly or management, shall bypass or render inactive a safety mechru1ism on equipment or vehicles which have not been properly locked out. A substitute process can be put in place which ensures Associate's safety and is done consistent with all legal requirements and shall provide the Associate with equal or greater protection. This substitute process will be reviewed with a worker representative from the Joint Health and Safety Committee.

5:08 All Associates shall receive the required safety training or certification as determined by the Company before being asked or allowed to work on ruw equipment, vehicle or job.

5:09 The Company requires all associates to wear CSA approved safety footwear at all times. Associates will receive one(!) voucher in the amount of$135.00 upon hire, and ruumally each calendar year thereafter, effective January I, 2017.

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HOURS AND SCHEDULING OF WORK

Article 6- HOURS OF WORK

6:01 Work Week

The normal work week for full time associates shall be five days of eight (8) hours per day. It shall not be construed as a guarantee of hours per week, or of days of work per week, or as a restriction on the scheduling of a longer or shorter work week or work day.

6:02 In the event that an associate reports for work on his/her scheduled shift, without having been notified not to report, and no work is available as deemed by management, he/she will be paid the equivalent of the scheduled hours of work that day, at his/her regular rate of pay. This provision shall not apply when there is a lack of work due to a situation beyond the control of the Company, including unforeseen shortage or an act of God.

6:03 The Company reserves the right to add, combine, or eliminate job classifications based on business needs and following a consultation with the Union. In the event that such additions, combinations or eliminations create a need for a new wage rate, such a wage rate will be the subject of negotiation between the parties. If the parties cannot reach agreement, the matter of wage rate may be referred to an arbitrator.

6:04 The starting and stopping times of work may be advanced or reversed at the discretion of management consistent with article 3.01.

The Company shall provide at least twenty-four (24) hour notice of a change in schedule except in the event of emergency or other tmforeseen circumstances.

6:05 Call In

The Company shall pay an associate called in to perfom1 work, not continuous with his regular work nor previously scheduled by the Company, wages for at least four (4) hours of work at the associate's regular rate of wages. The Company reserves the right to require an associate to work the four (4) hours. The associate may opt to leave prior to the four (4) hours worked at which time he will be paid only for the hours worked.

6:06 Call Back

If an Associate is called back to work after completing his regular day's work, and after leaving the premises, he/she shall be guaranteed four ( 4) hours.

Article 7- OVERTIME

7:01 Overtime shall be paid at the rate oftime and one halftimes (I Yz x) the regular hourly rate for work performed in excess of forty ( 40) hours of work in the week.

7:02 In the event that the Company anticipates overtime to be less than one shift, overtime will first be offered on an equitable basis to those full time associates at work with the present ability and


willingness to do the work. Failing this, the Company will assign the work to the full time associates at work with the present ability to do the work in reverse order of seniority.

7:03 Where overtime is anticipated by the Company to be one or more full shifts, the overtime will first be offered on an equitable basis to those full time associates with the present ability and willingness to do the work. Failing this, the Company will assign the work to ft1ll time associates with the present ability to do the work in reverse order of seniority.

Article 8 BREAKS & LUNCH PERIODS

8:01 The Company shall provide all associates with a one-half hour (1/2) unpaid lunch period if scheduled five (5) or more hours.

8:02 The Company shall provide all Associates with two fifteen (15) minute paid coffee breaks per eight (8) hour shift.

The Company shall provide all Associates with three fifteen ( 15) minute paid coffee breaks per ten (1 0) hour shift.

Coffee breal<s for each associate shall be as scheduled by the Company.

8:03 Associates will take lunch and rest periods when instructed to do so by management, subject to the Collective Agreement

Article 9- PHONE-IN

9:01 All Associates are required to inform their Supervisor of absence from work due to illness a minimum of two (2) hours.

9:02 Associates must inform their Supervisor when they will, and prior to actually retuming to work following 811 illness. Supporting documentation for the absence may be reqLlired, prior to their return to work.

9:03 When an associate is absent from work for a period of more than five (5) scheduled shifts, the associate must inform their Supervisor at least fmiy-eight (48) hours in advance of their proposed return. Supporting documentation for the absence may be required, prior to their return to work.

Article 10 STEWARD & NEGOTIATION COMMITTEE

10:01 There shall be one (1) steward and one (1) alternate steward on opposite shifts, and the Company is to be advised in writing of alternate steward by the Business Representative. The Steward may be elected by the membership and or appointed by the Union.

The Company further acknowledges that one (1) Union Steward will serve as the

Union Negotiating Steward and agrees to deal with m1y matter, which properly arises out of this Collective Agreement.

The Company agrees to pay one (1) Union Steward in negotiation meetings with the Company for the renewal of subsequent Collective Agreements, to be paid eight (8) hours for each day

spent in negotiations with the Company and will not be included for overtime calculations.

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The Company agrees to make and pay for the facility arrangements for snbsequent renewal Collective Agreement negotiations.

The Local Union shall appoint an alternate Union Steward to replace a Union Steward when they are on vacation, sick leave, leave of absence, WSIB absence or while serving at Collective Bargaining negotiations.

All Union Steward elections shall be held within six (6) to nine (9) months prior to the expiry of the Collective Agreement.

In order to qualify to run for Union Steward, members shall be associates of the Company and shall have at least one (1) year of service with the Company.

10:02 No associate shall have authority to alter, amend, violate or otherwise change any part of this Agreement.

10:03 The Union Steward shall be infonned of personnel changes within the bargaining unit including layoff, discharges, and disciplinary action. Such information will be considered as confidential by the Union Steward. The Union Steward shall be informed prior to all lay-offs taking effect as soon as possible.

10:04 The Union Steward will be allowed reasonable time necessary to deal with grievances or complaints where approved by management, such requests will not be unreasonably denied.

10:05 When a Union Steward is brought in for consultation before he starts, or after he has completed his normal work day at the request of Management, he shall be paid for such consultation at his regular hourly rate and such payment will not be counted for overtime purposes.

10:06 The Union shall notify the Company, in writing, of the name of the Union Steward and also the name of the alternate, if applicable.

10:07 The Union Business Representative shall have access to the Distribution Centre at all times during working hours with permission of management provided there is no interruption of work. The Union Business Representative will not be allowed on the Distribution Centre floor without the advance authorization of the Distribution Centre Manager or HR Manager. Such requests will not be unreasonably denied. Appropriate PPE and safety footwear must be worn by the Union Business Representative while on the shipping floor.

10:08 There shall be no discrimination against the Union Steward provided that they ftmction in accordance with the appropriate provisions ofthis Agreement.

10:09 The Union Steward will be allowed time off, for a maximum of two (2) weeks, per calendar year, without pay, to attend Teamsters Local Union 647 meetings scheduled during his regular working hours. Such requests will be reasonable (in terms of frequency, duration and advance notice) and will not hinder the operation of the business.


Article 11 -SENIORITY

11:01 The principle of seniority shall be maintained in the reduction and restoration of the workforce, provided the associate has the required skill, ability and physical capability to do the work.

There shall be two (2) seniority groups:

Group 1 -Full-Time

Group 2- Part-Time

11:02 Full-time and part-time associates will be considered probationary for the five hundred (500) hours of work with the Company at its Brampton Distribution Centre and will have no seniority rights during that period. His/her employment may be terminated at any time during such probationary period at the discretion of Management and such termination shall not be snbject to the grievance procedure. After completion of the probationary period, each associate shall be placed on the appropriate seniority list and their seniority shall be established as of the first day of the probationary period.

Part-time associates who successfully become full-time associates shall be placed at the bottom of the full-time seniority list and not be required to serve an additional probationary period when they achieve full-time status and for vacation purposes exercise their Company seniority.

11:03 There shall be separate seniority lists for full-time and part-time associates. The seniority lists will be updated every six (6) months and a copy will he provided to the Union.

11:04 Seniority once established for an Associate shall be forfeited under tl1e following conditions:

a) Resignation b) Retirement c) Is discharged for just cause and is not reinstated in accordance with the

provisions of tl1is agreement. d) Fails to reply by telephone to signifY his/her intentions within forty-eight

( 48) hours after notice of recall from lay-off has been sent by registered mail or courier to the last address that the Company has in its files for the associate.

e) Is absent from work without pennission for more thm1 three (3) consecutive scheduled shifts.

f) Overstays a permitted leave of absence or vacation without securing written extension of such leave of absence or vacation from the Company.

g) Is laid-off for a period of more than twenty four (24) consecutive montl1s.

11:05 The seniority of m1 Associate who transfers to a position outside the bargaining unit will be maintained should that Associate return to the bargaining unit within one (1) year. If prior to the expiration of one (1) year, tl1e Associate is transferred back to the bargaining unit, he/she shall fill any available vacancy in the distribution center or, if there is no such vacancy available, he/she


shall become unassigned. Following his/her acceptance of the trru1sfer outside ofthe Collective

Agreement, the affected Associate who does not pay their monthly union dues will be placed at

the bottom of the seniority list after they pay their past union dues in full, should they return to

the bargaining unit.

These privileges will only apply to an Associate once.

11:06 An associate trru1sferred into the bargaining unit from another Compruw facility will be placed at the bottom of the appropriate seniority list (i.e. FT or PT) and accumulate distribution center seniority from the date of trru1sfer.

Article 12- GRIEVANCE PROCEDURE

12:01 A grievance shall be defined as a difference between the pru·ties arising from the interpretation, application, administration or alleged violation of this Collective Agreement. It is the mutual desire of the parties that complaints of associates be dealt with as quickly as possible.

12:02 No grieva11ce shall be considered unless it relates to the interpretation, application, or alleged violation of this Collective Agreement or where the circumstances giving rise to it occtUTed more tl1a11 seven (7) calendar days before filing oftl1e grieva11ce. Full-time and Part-time Associates shall only have access to the grievance procedure after they have served the appropriate probationary period

12:03 Grievru1ces properly arising under this agreement shall be addressed as follows:

Preliminary Stage (Overtime & Vacation Selection only)

The aggrieved associate shall, either alone or with the Union Steward, take up the matter verbally

with his supervisor. The supervisor shall give his verbal answer to the associate within five ( 5)

calendar days.

The parties agree tl1at any settlement reached at this stage shall be without prejudice or precedent.

If the matter is not settled to the satisfaction of the associate he shall within ten (10) calendar

days, after the completion of the preliminary stage, file a grievru1ce(s) in writing stating the facts

oftl1e grievance(s) and the relief sought. The matter will tl1en be discussed at a meeting between

the associate, Union Steward and the Supervisor or designate, and tl1e associate a11d Union

Steward will be given his/her reply in writing within seven (7) calendar days following the

meeting.

For all grievances resulting from a disciplinary matter it is recommended for a twenty four (24) hour cooling off period before the aggrieved associate presents tl1eir grievance to his/her Supervisor. The parties agree that any settlement reached at this stage shall be without prejudice or precedent.

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Step II

If the reply to the grievance(s) is not settled to the satisfaction of the associate, a meeting will be held to discuss the grievance(s) with the associate, Union Steward and the Distribution Manager or designate, and the associate will be given his reply in writing within seven (7) calendar days following the meeting.

The Human Relations Department will provide via e-mail a copy of the grievance, Supervisor's written response and Department Manager's written response to the Business Representative, upon request.

If the reply is not satisfactory the aggrieved associate shall have the right to proceed to Step III in the grievance procedure. In order to proceed to Step III, it is the aggrieved associate or Union Steward's responsibility to submit the grievance in writing to the Distribution Manager within the time frame specified in the written response from the Distribution Manager following the Step II grievance meeting.

Step III

Step III grievances will be held monthly, unless circumstances beyond the control of the Company or Union arise that prevent a date in that month being confirmed and/or that prohibit the necessary people from attending.

If the reply is not satisfactory a meeting will be held to discuss the grievance(s) with the associate, Union Steward, Union Business Representative, Human Relations Representative, Distribution Center Manager and/or designate and the associate will be given a reply in writing within ten (1 0) calendar days following the meeting. The Human Relations Department will provide via e-mail a copy ofthe Step III written response.

12:04: Arbitration and Alternative Dispute Resolution

If a settlement is not reached at Step III, the grievance may be referred to arbitration. The Union shall have thirty (30) calendar days after receipt of the Company's reply to advise in writing of its intention to refer the matter to arbitration.

12:05 When a grievance is referred to arbitration, the party desiring arbitration shall notifY the other party, in writing, of a list of acceptable arbitrators. The recipient of the notice shall, within twenty (20) calendar days, advise the other party of acceptable arbitrator(s). Should the Company and the Union fail to agree on a sole arbitrator, the party desiring arbitmtion shall apply to the Minister of Labour for the Province of Ontario, for the appointment of an arbitrator.

12:06 The arbitrator shall not have the right to alter or change any provisions of this Agreement. The decision of the arbitrator shall be final and binding on both parties and upon any associate affected by such decision.

12:07 Each of the parties will share equally the fees ar1d expenses of the arbitrator.

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12:08 If required during the life of this collective agreement, the parties agree to explore options for alternative dispute resolution where the outcome shall be final and binding but without prejudice and/or precedent.

12:09 A Policy Grievance may be brought forward by the Union's Business Representative at Step III within forty-five ( 45) calendar days after the circumstances giving rise to it occurred, and if such grievance is not settled by the Parties, it may be referred to arbitration. Such grievance shall be signed by the Business Representative.

12:10 It is understood that the Company may submit to the Union any grievance with respect to the conduct of the Union, its officers and members or any complaint that a contractual obligation undertaken by the Union has been violated. Any such complaint shall be addressed at Step III of the grievance procedure and must be brought forward within thirty (30) calendar days. Such grievance shall be signed by the Distribution Centre Manager or his designate.

12:11 A grievance by an Associate that has been terminated shall be submitted in writing to the Human Relations Manager or Distribution Manager at step III of the grievance procedure. The third step grievance meeting will be held within ten (10) calendar days of termination. The matter will then proceed in accordance with the provisions outlined above and may be settled in any matter deemed by the parties, arbitrator. or alternative dispute resolution process to be just and equitable.

12:12 Any time limits specified in the above sections may be extended by mutual written agreement at any time prior to their expiration. Extensions will not be unreasonably withheld.

12:13 The "Steward" shall be defined as the Union Steward or the altemate Union Steward initiating the grievance on behalf of the associate.

Article 13- VACATIONS

13:01: Vacations with pay shall be granted to all permanent full time associates in accordm1ce with the

following conditions:

Conditions

a) Such vacation entitlement shall be based on length of continuous service as a permanent full time associate with Canada Bread.

b) Vacation pay for the current yem· will be the appropriate percentage of total earnings received from the Company during the previous calendar year. In m1 anniversary year, the associate will progress to their next accrual percentage on the date of their anniversary and the accrual will be prorated according to their earnings before and after the milestone was achieved.

c) The vacation selection process for the year will occm· annually, by seniority. All vacation requests shall be submitted by March 31. Any vacation requests prior to March 31 will be on a first come first served basis with the company's approval. Requests will not be Lmreasonably denied.

d) The Company reserves the right to determine how many associates will be allotted to be off at one time.

e) The vacation year shall he defined as the calendar year from January I to December 31.

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f) The associate can select a maximum of two weeks of vacation between May 31 '' and Sept 30, and any remaining vacation entitlement will be selected by seniority upon availability.

g) If 811 associate is on vacation, sick leave, WSIB, approved leave of absence or on lay-off status during the vacation selection process, it is the associates' responsibility to submit in writing their vacation request to the Supervisor, with multiple choices in case their first choice conflicts with already approved vacation requests.

h) The vacation schedules, with confirmed first choice indicated, shall be posted by April 7th. The Company shall make every reasonable effort in writing to inform the associate if their vacation request was grru1ted or denied.

i) Associates will be required to take all vacation entitlements rumually. Vacation cannot be accmnulated and/or carried over to a fhture year. The uuion agrees to cooperate with the Company to ensure that this provision is fully complied with.

j) As of September 30th, associates that still have outstanding vacation to be scheduled will select vacation by seniority or have the remainder of their vacation scheduled by the Company.

13:02 Vacations with pay shall be grru1ted to all permru1ent full time associates having the required service:

Years of Service

After 1 year After 5 years After 13 years After 20 years

Article 14 -PAID HOLIDAYS

Length of Vacation

2 weeks 3 weeks 4 weeks 5 weeks

Vacation Pay

4% 6% 8% 10%

14:01 Subject to the provisions of this article the following days are recognized as paid holidays for full time associates under this Agreement:

NewYear'sDay Victoria Day Labour Day Boxing Day

Frunily Day Canada Day Thanksgiving Day

Good Friday Civic Holiday Christmas Day

14:02 The weekly labour schedule shall be posted each Thursday for the following work week. The Company shall provide as much notice as possible before weeks that have statutory holidays.

The basic assumption for paid holidays is "the day, on which the holiday falls, is the day on which the holiday is observed." As a result, if the paid holiday falls on the associates scheduled day of work, the associate may be expected to work and will be paid overtime at the rate ofthne ru1d one half (1.5x) for all the hours worked that day. In addition, the associate will receive one day of holiday pay at regular time ru1d an w1paid day in Lieu to be taken within thirty (30) days of the statutory holiday, only when the work week was not reduced to reflect the statutory holiday.


The requested Lieu day shall not be unreasonably denied. The Associate may waive their right to the day in Lieu.

The Company shall first attempt to fill the requirements voluntarily by Seniority (Fulltime Seniority List). If these cannot be filled voluntarily, the Company will schedule the required labour by reverse seniority starting with the least senior qualified fulltime.

It is also understood that the Company will make efforts to curtail or eliminate the necessity to work on Christmas and New Year's Day as well make efforts to reduce distribution during the rest of the statutory holidays. However, nothing in this article will prevent the Company from maintaining essential distribution levels to satisfY customer and business needs during weeks where statutory holidays fall.

Associates are invited to observe a moment's silence at II :OOam on Remembrance Day.

14:03 An Associate will be paid for the statutory holiday provided he/she:

i. Works his last full regular scheduled shift before and his/her first full regular scheduled shift after such holiday and works on such holiday as he/she is scheduled to work, unless he/she has been granted permission by the Company to leave their scheduled shift early.

ii. Is on the active payroll of the Company and not on a leave of absence, sick leave, Workers' Compensation or layoff;

iii. An A"ociale not able to work the scheduled day before or the scheduled day after the holiday because of illness verified by his doctor, or who is on bereavement leave will be paid the holiday pay. Supporting docmnentation required.

IV. Laid-off Associates must have worked three (3) full shifts in the previous thirty (30) calendar days.

14:04 If a paid holiday falls during an associate's vacation he/she will receive the holiday pay and will be entitled to pay in lieu ofthe missed holiday or an alternative day off with pay mutually agreed by the Company and Associate.

14:05 Should an Associate be scheduled or required to work on a Statutory Holiday named above, he/she shall be paid at the rate oftime and one-half (I Y>) times their regular rate for all hours worked on the Statutory Holiday plus their Holiday pay.

ARTICLE 15- INSURANCE

15:01 Permanent full time associates will be eligible for the following benefits, three (3) months from date of hire.

(a) Life Insurance: Effective November I, 2016-$25,000 Effective January 1, 2017- $27,000 Effective January 1, 2018-$30,000


(b) Accidental Death and Dismemberment: Effective November I, 2016-$25,000 Effective Jannary I, 2017-$27,000 Effective Jannary I, 2018-$30,000

(c) Weekly Indemnitv (excludes vehicle related accident income) ...... Equivalent to the current EI maximum sickness benefit or $475.00, whichever is greater. Weekly Indemnity shall be paid from the first day accident, fourth day for non-occupational illness until the associate would be eligible for EI sick benefit, an additional extended disability of up to 87 weeks after the EI entitlement to a maximum of 104 weeks. Associates unable to attend to their nonnal work obligations and in receipt of benefits under Weekly Indemnity shall have seniority accumulation, vacation entitlement, and benefits as provided under this Article in effect at the date of disability maintained throughout their period of recovery/rehabilitation up to a maximum of 52 week from the original date of disability. (Effective January I, 20 17)

(d) Drug Prescription Plan - 80% paid for by the Company and 20% paid for by the associate. Mandatory generic drug substitution rule applies. Annual Maximum of $5000 per calendar year. Annual Deductible of $25 Single and $50 Family.

The Company will implement a drug card as soon as possible following the date of ratification.

(e) Dental Plan - 80% paid for by the Company and 20% paid for by the associate, for basic services with no annual deductible. Annual Maximmn of $1250 per calendar year. No annual deductible, with a one year ODA lag.

(f) Optical Plan - based on 100% Company paid premimns, nil deductible, nil co-insurm1ce, with a maximum of $200 over a 24 month period for eligible associates a11d their dependents - eligible on the I'' day following 12 months of continuous employment. (Effective November I, 2016)

Article 16- BEREAVEMENT PAY

16:01 In the event of the death of an Associate's spouse, child, or parent, the Associate, provided he has complete his probationary period, will be gra11ted a leave of absence for a reasonable time a11d will be reimbursed for time necessarily lost from work up to a maximum of five (5) days for the purposes of making funeral arra11gements or attending the funeral.

In the event of the death of an Associate's brother or sister, the Associate, provided he has completed his probationary period, will be grm1ted a leave of absence for a reasonable time and will be reimbursed for time necessarily lost from work up to a maximum of three (3) days for the purposes of making funeral arrangements or attending the fcmeral.

In the event of the death of an Associate's grandparents, mother/father-in-law, brother/sister-inlaw, or grandchild, the Associate, provided he has completed his probationary period, will be granted a leave of absence for a reasonable time and will be reimbursed for time necessarily lost


from work up to a maximum of two (2) days for the purpose of making funeral arrangements or attending the funeral.

16:02 It is tmderstood where it is not possible to attend the funeral of a member of the Assoicate's immediate family as defined in the preceding paragraph, as Associate will be granted two (2) days' leave of absence with pay on the same basis as above to attend religious ceremonies in connection with the death, providing that suitable evidence is produced ofthe death and the relationship of the deceased.

Article 17- JURY DUTY

17:01 If an associate is called or subpoenaed and is legally required to serve on jury duty or as a witness (other than a dispute between the parties) on his normal working day, the Employer agrees to pay the equivalent of the regular rate at straight time for scheduled hours less jury duty pay. Supporting documentation is required.

Article 18- LEAVE OF ABSENSE

18:01 Leave of absence without pay may be granted by the Company for a period of up to thirty (30) days without loss of seniority in the event of illness in the family or for other legitimate personal reasons. This leave of absence may be extended in proven cases of extreme necessity at the discretion of the Company.

18:02 No Associate shall request, or be given, leave of absence for the purpose of accepting other employment.

18:03 Maternity and Parental leave shall be in accordance with the Employment Standards Act.

GENERAL PROVISIONS

Article 19 -PART-TIME ASSOCIATES

19:01

a) Part-time associates aTe those who nornmlly work 24 hours per week or less. The parties agree that there is the need for operational Hexibility that may require part-time associates to work more than 24 hours per week to cover off vacation, illness, seasonal and/or other peak periods. Pru·t time can be scheduled as required.

b) No part-time associates shall work when a full-time associate is laid off.

c) Unforeseen overtime, full time associates on shift shall be offered the overtime first and then offered to part time associates.

d) Part-time associates shall only have seniority rights an1ong themselves but not as vis-a-vis full-time associates. They shall be called into work by part-time seniority provided they have the availability, skill and ability to perfonn the work required.

e) Part time associates shall be offered full-time positions in order of part-time seniority provided they have the skill and ability.


f) Part time associates shall be paid overtime consistent with the Collective Agreement.

g) Part time associates shall pay Union dues consistent with the Local Union by-laws.

h) Part-time associates will accrue vacation pay at the rate of four vacation ( 4%) of their total earnings received by the Company during the previous calendar year and the accrued vacation pay will be paid out in a lump sum payment, less applicable statutory deductions.

i) Part time associates will be paid Statutory Holiday pay in accordance with applicable legislation.

j) All part time associates to submit availability twice per calendar year- by March I'' and by September I 't

Article 20- POSTING VACANCIES

20:01

20:02

20:03

20:04

20:05

20:06

Any permanent alteration greater than three (3) hours across all five (5) shifts will be offered by seniority (full-time). If there are no associates interested, the Company will use reverse

seniority to fill that shift.

All job vacru1cies within the bargaining unit will be posted on the notice boards in all

distribution centers covered by this Agreement for a period of three calendar days (72 hours)

excluding Sunday.

Job postings shall show the time posted a11d the closing time. Applications must be made in writing with one copy to the Supervisor and one copy to the Union Steward.

The vaca11tjob shall be filled by the associate with the most seniority provided the associate has the skill and ability to perform the job. The successful applicant will be immediately

notified and placed in the job in a reasonable amount oftime.

No job posting will be finalized during the vacation period until Associates absent on

vacation at the closing time of the posting have had forty-eight ( 48) hours following tl1eir

return to submit a bid. However, if Associates are notified prior to their vacation that there is a possibility of a job vacancy within their vacation period, they shall be required to submit their application prior to taking vacation if it is an Associate's intention to apply for the

vacancy.

In the event of full-time temporary vacancies resulting from illness or other emergency that are greater tl1an sixty (60) days, part-time associate may apply to the temporary vaca11cy as

per 20:01.

Article 21 -UNIFORMS

21:01 Upon completion of the probation period, the Company will provide all associates with a uniform voucher as outlined below, to purchase a uniform, as per tl1e Company Uniform Program.

• Full time associates- $165.00 voucher, two (2) times per calendar year. • Part time associates- $75.00 voucher two (2) times per calendar year.


21:02 Any associate that does not comply with the company uniform/safety shoe policy will be subject to discipline.

Article 22- NOTICE OF LAYOFF, RECALL & SEVERANCE PAY

22:01 In the event of a reduction in the working force, associates will be laid off in reverse order of their seniority starting with most junior part time associates, and then the most jnnior full time associates.

22:02 Laid off associates will be recalled in order of their seniority starting with most senior full time associates, and then the most senior part time associates.

22:03 Any associate with two years of service or more, whose employment is terminated by the Company as a direct result ofthe closing of the Distribution Center, the Company agrees to enter into negotiations with the Union regarding an enhanced severance package. In any event, no severance pay will be payable if employment is offered elsewhere in the Company acceptable to the associate. Any associate who accepts severance pay shall forfeit all seniority rights.

Article 23- RULES APPLYING TO TERMINATIONS OF EMPLOYMENT

23:01 The Company shall have the right to discharge or dismiss an associate for just cause. In the event of the discharge of a permanent associate, the Company will notifY the Union. In addition, the Company shall have the right to summary dismissal or discharge of associates upon any of the following grounds or similar serious causes:

a) Stealing, dishonesty or fraud;

b) Willful or intentional damage or destmction of Company property;

c) Drinking while on duty or being under the influence of liquor or drugs while on duty;

d) Direct refusal to obey orders given by the proper party, tmless such orders jeopardize the life, health or safety of the associate;

e) Violence or threats of violence.

23:02 An Associate will receive a copy of any written reprimand, incident report or warning letter, or other discipline placed on his/her file, with a copy to the local Union and steward. However, all disciplinary records shall be removed from Associates file and destroyed after (18) months without further incident, except for discipline involving violence in the workplace and/or sexual harassment.

23:03 Disciplinary actions will be served within ten (I 0) calendar days following the conclusion ofthe investigation.

23:04 Each associate who desires to terminate his/her employment must give the Company one (I) week notice. In the event of an associate leaving the employment of the Company, he/she shall be entitled to a letter confirming dates of employment with the Company, npon request.

I3rampton Distribution Center Page- 18-

Article 24 NO STRIKE/NO LOCK-OUT

24:01 There shall be no strike or slow-down on the part ofthe Union or any Associates and there shall be no lock-out by the Company during the continuance ofthis Agreement.

24:02 A shutdown occasioned by any cause beyond the control the Company, or by changes in method of operations, shall not constitute a lock-out.

Article 25 INTEGRITY OF COLLECTIVE AGREEMENT

25:01 No Associate shall be asked or permitted to make any verbal or written agreement, which may conflict with this Agreement.

ARTICLE 26- WAGE APPENDIX

26:01 All wage increases will become effective for the first full pay of the fiscal year in which the increase is due.

a) The hourly wage rate for fbll time associates are as follows:

Date of Ratification $19.00 January 2017 $19.35 January 2018 $19.60

Effective upon ratification, the Company will provide a one-time lump sum payment of$450.00 to all existing full-time associates.

b) The hourly wage rate for new part time associates hired after the date of ratification me as follows:

Date of Ratification $14.50 January 2017 $14.70 Januarv 2018 $14.90

Article 27 EFFECTIVE DATE AND DURATION

27:01 This agreement shall be in full force and effect from ratification to December 31,2018, and shall continue to be in effect from year to year thereafter, unless either patty gives notice not more than ninety (90) days and not less thm1 thirty (30) days' before the expiration date, of its desire to amend this agreement.


In ~s whereof the parties have signed this contact at !IJ\'ti.M~+o~ , Ontario, on the ..2._ day of O.c.~, 2016.

Negotiation Committee for the Company Negotiation Committee for the Union

Gerry Cadean


Letter of Understanding #1: Existing Part Time

The hourly wage progression for existing part time associates as at the date of ratification is as follows. All wage increases will become effective for the first full pay of the fiscal year in which the increase is due. In tbe event any of the following part time associates move to full time employment during the duration ofthis agreement, they will be moved to the appropriate full time rates outlined in Article 26.

Current Rate as of date '·

of Ratification Date of RatifiCation 1-Jah-17 1-Jan-18

Kevin Vanhorne $15.14 $15.44 $15.64 $15.84 Nathaniel Renton $15.44 $15.74 $15.94 $16.14 Allan Blake $15.75 $16.05 $16.25 $16.45 Jaimie Dedech $17.60 $17.90 $18.10 $18.30 Erik Mcintyre $14.53 $14.83 $15.03 $15.23 Uriah Edwards $14.84 $15.14 $15.34 $15.54 John Bosompem $14.84 $15.14 $15.34 $15.54 Kevin Annu $14.53 $14.83 $15.03 $15.23 Akbar Kara $14.84 $15.14 $15.34 $15.54 Jonathan Baxter-Snow $14.53 $14.83 $15.G3 $15.23

Effective upon ratification, tbe Company will provide a one-time lump sum payment of$250.00 to all existing part-time associates.

For the Company:

~ For the Union:

- c.o;.. o/fk.k Carl Davis


Letter of Understanding# 2: Temporary or Agency Workers

In the case of emergency the Company may use temporary or agency workers with the tmderstanding that it doesn't result in any Bargaining unit member being laid off or the reduction of full time hours. The Company shall exhaust the call in procedure for all part time associates in accordance of Article # 19 prior to using temporary or agency workers.

The Union will allow the Company to use temporary or agency workers for situations stated above as long the Company pays the equivalent of Union Dues every month to the Teamsters Local Union 647 Education Fund for every temporary or agency worker brought into the Brampton Distribution Center no matter the duration of time the temporary or agency worker works in the Brampton Dis1Tibution Center.

For audit purposes the Company will provide the Union with the names of the temporary or agency workers, on a monthly basis.

For the Company: For the Union:

~-o;. ~r-O Carl Davis

Brampton Distribution Center Page~ 22-

Documents

COLLECTIVE AGREEMENT Between CANADA BREAD COMPANY … · Introduction It is the Intent and Purpose of this agreement to recognize the community oflnterest between Canada Bread a Division