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01/20/2014 14:57 4159779591 usw PAGE 04/25 Collective Agreement Between Globe Spring & Cushion Co. Ltd. and United Steelworkers

Collective Agreement Between Globe Spring Cushion Co. Ltd. and … · 2016-04-07 · 01/20/2014 14:57 4159779591 usw THIS AGREEMENT made and entered Into as of the 1 B1h day or July,

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Page 1: Collective Agreement Between Globe Spring Cushion Co. Ltd. and … · 2016-04-07 · 01/20/2014 14:57 4159779591 usw THIS AGREEMENT made and entered Into as of the 1 B1h day or July,

01/20/2014 14:57 4159779591 usw PAGE 04/25

Collective Agreement

Between

Globe Spring & Cushion Co. Ltd.

and

United Steelworkers

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Index Article Page

1 ~ RecogniUon ....... , .. , .•.•. ,., ............. ~ .. ._........... :2. 2 ·Relationship ........................... , . .,................. :2. 3- Ctleck~Off ....................... ,........................... 3 4 • Management Riglds ..................................... ::J 5 ~Committeemen and Stewards........................ 4 8 ~ Adjustrn&nt of Grievances............................ 4 7- Arbitnrtlon ............................................ ,..... 5 8 ~ Management and Group Grievances •••.•... .•. •.. 6 9 • Dlschorfje and Discipline • . .. •. .. ..... ......... ... ... .. 6 10 w No Strikes I No Lockouts............................ 6 11~ Wages ....................................... ,............... 7 12 .. tiours of Work........................................... 7 13 .. Reporting Ttme and Recall to Work.............. B 14 ~Statutory Holidoys ........................... , .. ,....... 9 15 ~Vacation with Pay ............. , ................ ,........ 9 16. Bereavement, Jury and Injury Pay................ 10 17 ~Seniority ............................................... .,., 11 '18 -l.eave Df Absence .... ., ................... ,............. 13 19 ~Union Rapnu;entatlves ... , .............. ,............ 14 20 ~Temporary Transfers.................................. 14 21 - sarety and Health .. ,.................................... 1.!1 22 ..... Welfare ...................... ~ ... , ............ ~~ ... ·~~~·· ...... "' .......... , ... , .. " ... "' 15 23 ~ Handicapped Employees ........................... . 24 ~Bulletin Board& .............. ., ••. ,., .•••. , ... , ......... . 25 ~ Genetal .................... , .............................. .. 26 • r:::opiee ot Agreement ................................ .. '27 ·Retirement and Pent:ion ................ , ........... .. 28- Humanlty Fuod ............ ,,.,.,. ... , ......... -. ...... . 29 -lunch Room ................... , .... ,. ................. .. 30- SIJmmM S1udents ..................................... . 31 -Anti-Sexual & Anti·Rociul Harassment ......... . 32 -Termination of Agreement .............. , .......... _ Witness tc the Agreemehl .................. , ... , ...••..... Wage Schedule ............. , . ., .............................. .

i6 16 16 16 18 17 1'7 17 17 16 19 20

lump sum Payment Schedule ........................... 21

1

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THIS AGREEMENT made and entered Into as of the 1 B1h day or July, 2011

BETWEEN:

GLOBE SPRING & CUSHION CO. L TO. OF THE FIRST PART

AND:

UNITED S'reEL, PAPER AND FORESTRY, RUBBI:;R, MANUF.ACTUiliNG, ENERGY, AU ... IED INDUSTRIAl AND SERVICE WORKERS INTERNATIONAl UNION. ( UN1TED STEELWORKERS) OF THE SECOND PART.

WHEREAS the Ontario Labour Relations Board has certified the Union as the bargaining agent for the employees of the Company in tha bargaining unit hereinafter described;

AND WHEREAS the said Parties deslre lo enter Into a collective agreement on the terms and conditions hereinafter set forth.

NOW TliEREFORE lliiSAGREEMENT WITNESSETH lHAl:

AR'TICLE 1 ~ Recognition

1.01 The Company recognizes the Union as lhe bargaining agent for all of ils employees at Metropolitan Toronto, save and eiCcept (orsmen. persons above the rank of foremen, office and sales staft The Company further agrees that should any of the operations covered by !his Agreement be moved to a location anywhere In Ontario the employees will have an opportunity to move with their job, and this Agreement shall be extended to include such location.

1.02 Ttte Cornpany ~grees that employees In a managerial capacity shall not perform the work customarily performed by employees in tile bargaining unil, as defined in Article 1.01.

ARTIClE 2 - Relationship 2.01

2.01 The Parties hereto mutually agree that any employee of the Company covered by this Agreement may become a member of the Union it he/she wishes to do so and may refrain from becoming a member of the Union if he/she so desires.

2.02 The Company and the Union agree that there will be no intimidation. discrimination, Interference, restraint or coerclo11 exercised or practiced by either of them or by any of their representatlves or members because of an employee's membership or non-membership in the Union or because of his/her activity or lack of activity In the Union.

2.03 It Is agreed that the Union aM the employees will not engage in union activitierJ during working hours or ho!d meetings at any time on 1he premises of the Company without the permisskm of the Plant Superintendent. The Parties :agree that there will be no discrlminat!on, interference, restraint or coerc:ion exercised or practlcad by tha Company or the Union or by any representative o1the Company or the Union against any employee because of race, creed, colour. sex or national orfgln.

2

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ARTICLE 3 ~ Check-Off

3.01 The Company shall deduct Unicn dues including, Where applicable, Initiation fees and assessments, on a weekly basis, from the total earnings of each employee covered by this agreement. The amount of dues shall be calculaled in accordance with the Union's Constitution.

3.02 All dues. initiation fees and assas.smenls shall be remitted to the Union forthwith and in any event no later than 15 days following the last day of the month in which the remit1ance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers, AFL-CIO-CI..C, P.O. Box 13083 Postal Station 'A', Toronto Ontario MSW 1 V7 In sllch fonn as shall be directed by the International Union to the Company along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 will also be sent to the Union office designated by the Area Coordinator,

3.03 The remittance end the R-115 form shall be accompanied by a statement containing the following Information:

a). A list of the names all employees from whom dues were deducted and the aroount of dues deducted:

b). A list of \he names of all employees from whom no deductions have been made and reasons;

c) This information shall be sent to both Union addresses identified in article 3.02 in such form as shall be direcled by the Union to the Company.

3.04 The Union shall indemnify and save lhe Company harmless against all claims or other forms oi liability 1hal may arise out of any actions taken by the Company in compliance with this artlt:le.

3.05 The Company, when preparing T-4 slips for the employees, will enter lhe amount of Union duas paid to the employee during the previous year

ARTICLE 4 .. M~nagement Rights 4.01 The Un1on recognfzea and acknowledges that the management of the plant and direction or the wor'killg force are fixed exclusively In the Company and without res\ricting lhe gonerality o1 the foregoing, the Union acknowledges that it is the exclusive function of the Company to;

te.) maintain order end efficiency;

{b) hire, promote, demote, classify, transfer and suspend employees not contrary to the provisions of !his agreement, and to discipline or discharge any employee for Just and reasonable cause may be the subject of a grievance and dealt with as hereinafter provided that a claim by an employee, who has acqulred seniority, that hefshe has been discharged or disciplined without just and reasonable cause may be the subjeot of a grievance and dealt with as hereinafter provided;

(c) make, eniorce and alter !rom 11me to time, reasonable rules and regulations, which shall not be inconsistent with the provisions of this Agreement, to be observed by the employees;

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y (d) d~termine the nature and kind of business conducted by the Company, the kinds and locations of equipment and materials to be used, the control of ma1erials and parts, the methods and techniques of work, the schedoles of production, the number of employees to be employed, the extension, limitation, curtailment or cessation of operations or any part thereof, and to determine all other functions and prerogatives which shall remain solely with the Company except as specifically limited by lhe proVisions of this Agreement.

ARTICLE 5 ~ Committeemen and Stewards

5.01 The Union may select, appoint or~elect and !he Company shall recognl:z:e a committee of no1 more than five (5} employees of the Company, who shall be the Shop Stewards and who shall 1orm the Plant Committee. All such emp~oyees must be regular employees of the Company dLirlng their time of office. The name and area of the Chairman of the Plant Committee, from time to lime selected, shall be given to the Company rn writing and the Company s:hall nol be required to recognize any such Chairman until it has been so notified, lhe Company shall recognize a Union Grlev!lnce Committee composed of two (2) Shop Stewards and the Plant Chairman.

5.02 The Compahy shall posl an its bulletin boards the names of all its foremen.

5.03 The Company agrees thal a Shop Steward or Lhe Plant Chairman after obtaining the permission from his/her foreman shall, without loss of pay, be permitted to leave his/her regular dU1ie.s for a reasonable length of time in order lo investigate and setlle any grievance at Step No. 1 or Step No. 2 which may arise within the bargaining uniL Upon returning to his/her regular duties, the Steward or Plant Chairman shall report to his/her foreman before commencing his/her regular duties,

5.04 Negothdlng Committee The Company shall pay up to a maximum of three (3) employees eight (8) hours pay at their average rate of pay for all scheduled days for the purpose of negollatlng a new Collective Agreement. The Company agrees to contribute towards Union Leave follr hundred dollars ($400.00) each year of 1hls Agreement. Beginning April 1, 2008 the Company agrees to contribute towards Un~on Leave five hundred dollars ($500,00) each year of this agreement. The Company agrees to pay affected employees any amounts in excess of the company contributions and the Union agrees to l'elmburse 1he Company for such amounts.

5.06 The authorized Staff Representative or the President of Local 3950 shaH be permit1ad to enter the premises after first reoelving permlssion from the o1flca.

ARTICLE 6 ~ Adjustmem of Grievances

6.01 The purpose of this Section is to establish procedures for discussion, processing and settlement of grievances.

6.02 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than seven (7) full working days before the filing of the grievance.

6.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows:

4

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Step No. 1 The aggrieved employee shall pl'esent his/her grievance orally or in writing to his/her foreman. He/she shall have the assls1anca of his/her Steward if he/she so desires. The foreman, shall give his/her decision orally to an oral grievance and In writing to a written grievance within one (1) working day following the pre.sen1atron of the grievance to him. It a settlement satisfactory to the employee concerned is not reached, then lhe grievance may be presented as follows:

Step No.2 Within four (4) working days a11er the decision is given under STep No. 1 ,the aggrieved employee may submit his/her griavance, which shall ba reduced to wrlllng on a form supplied by the Union and approved by the Company, to the Plant Superintendent. and the employee, accompanied by the Cholrmar. of the Plant Committee and his/her Steward, shan meet as promptly as possible with the management to consider the grievance. At this stage they may be accompanied by a full~tlme representative of the Union if his/her presence is reqLJested by either party. The President or his/her designated represenlatlve will render his/her decision in writing within five (5) working days ol such meeting.

6.04 If final settlement of the grievance is not reached at Step No.2 and if the grieve.nce Is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred In writing by either pany to arbitration as provided in Article 7 at any time within thirty (30) calendar days after the decision Is given under Slap No. 2, and if no sLJch written request 1or arbltrarlon is received within tho tlme limit, then it shall be deemed to have been abahdoned.

ARTICLE 7 - Arbitration

7.01 When either party to this Agreement requests that a grievance be submitted to arbitralion, they shall make such request il'l writing addressed to the other part>' to this Agreement

7.02 The arbitration procedure Incorporated In this Agreement shall be based on the use of a single arbitrator, selected on a rotating basis from a panel o1 tour (4) arbitrators:

Mr. H. D. Brown Mr. 0. 8. Shime

Mr. J. D. O'Shea Ms. M. K. Saltman

The Company and the Union will atlempt lo agree on B sole arbltrator. FaUing an agreemem within 1en {10) working days shall permit either ~he Company or the Union the right to request the Ministry of Labour to appoint a sole arbitrator.

7.03 Each of the parties hereto will bear Its own expense with respect to any arbitration proceedings. The parties hereto will bear jointly the expanses of the arbitrator on an equal basrs.

7.04 The arbl1rator shall not be authori2:ed1 nor shall tho arbitrator assume authority, to alter, modlfy, or amend any part ot this AQreement, nor 10 make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement

7.05 The decision of the arbitrator shall be 11nal and binding on the parties.

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ARTICLE 8" Management Grievances and Group Grlevcmces

8.01 Any grievance Instituted by management may be feferred in writing to the Plant Committee within 1ive (5) full working days of the occurrence of the circumstances giving rise to the grievance and the Plant Committee shall meet Within five (5) working days thereafter with management to consider the grievance. It final set1lemerlt of the grievance is not completed Within five (5) wori<lng days of such meeting, the grievance may be referred, by either party, to an arbitrator as provided in Anicle 7 at any time within lhlrty (30) calendar days thereafter. , but not later,

8.02 The Union shall have the right to initiate a group grievance or a grievance of a general nature at Step No. 2 of the Grievance Procedure wlthln five (5) full working days of the occurrence of the circumstances giving rise Ia the grievance and the management shall meet within five (5) working days !hereafter wi1h the Plant Committee to consider tJle grievance. 1f final settlement of the grievance is not completed within five (5) working days of such meeting, the grievance may be referred, by either party, to an arbitrator as provided in Article 7 at any time within thirty (30) calendar days thereafter, but not later.

8.03 Ttie parties agree that the time limits set out in Articles 6, 7 and 6 herein can be extended by mutLJal consent of the parties in writing.

ARTICLE; 9 - DJscharge and Discipline

9.01 A claim by an employee that he/she has been discharged or disciplined without just cause shall be treated as a grievance if a written statement of such grievance Is lodged with the ?!ant Superintendent at Step No. 2 of the grievance procedure within ten (10) working days after the employee is discharged or disciplined. Such special grievance may be settled by:

(a) confirming the rnanagernenl's action in dismissing or disciplining the employee; or

(b) mlnstatlng with 1ull senlorlty; or

(c) any other arrangement which is Just and equitable in the opinion of the conferring parti~ or 1he arbitrator.

9.02 An employee who has been dismissed without notice, shall have the right to inteNiew t"llsfher Union Steward for a reasonable period of time. before leaving the Company premises.

9.03 Any notice or d~cipHne,ry action Including verbal warnings which is intended to form part of an employee's record s".all be given In the presence of a Union Steward, or in writing, with a copy given to the Union.

ARTIClE 10" No Strikes f No Lockouts

10.01 In view of the orderly procedures es!abllshed by this Agreement for the settling of disputes and the handling of grlev~:~nces 1 ltm Unlon agrees that, during the life of this Agreement, there wlll be no strike, picketing, slow down or stoppage of work, either complete or partial, and the Company agrees that there will be no lockout

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ARTICLE. 11 " WagM

11.0i The Company and the Union agrse that the hourly wage rates shall M as se1 forth ln Schedule "A11 and shall form part of this Agreement.

11.02 It Is agreed that the Learner rate shall only be paid for a total of three (3) months after completion at the probationary period, Employees shall then be paid at the regular rate of pay for the classification involved. 11 .03 (a) Tha Company shall pay a shift prsmlum for hours work on the afternoon shift as follows:

{n FH'ty~two cents (52) per hour commencing May 27')1 2006; (H) Fifty-four cents (54) per how commencing Aprll1 ,2007; (iiQ Afty-six cents (56)par hour commencing Aprll1,2008; (lv) Fifty-eight cents (58) per hour commencing April 1 ,2009; (v} Sixty cents (60) per flour commencing April 1 ,201 0.

(b) The Company shall pay a shift premium for hours work on the night shifl. as follows:

(i) Sixty~eight cents (6B) per hour commencing May 2th 2006; (1~ Seventy cents (70) per hour commencing April 1 ,2007; (iii) Seventy-two cents (72) per hour commencing April1 ,2008; (iv) Seventy-four cents (7 4) per hour commencing April 1,2009; (v) Seventy-six cents (76) per hour commencing Aprll1,2010.

11.04 All hourly wage rates shall be in accordance with Scnedule "A• attached hereto. It is understood and agreed thai notwithstanding the fact that certain employees may currenl.ly be paid rates in excess of the rates set forth in Schedule "N hereto, such employees shall receive the full increase rererred to in lhfs Article and the hourly rate for such employees shall be adjusted accordingly.

1 1.05 The Company agrees that all employees shall be paid on a weekly b£:~sls.

11,08 The Company shall notify the Union, In writing, of any new job classifications which are introduced inlo the workplacet and the parties will meet to negotiate the rate o1 pay.

ARTICLE 12- Hours of Work

12.01 The following paragraphs are intended to define the normal hours of work a11d shall not be construed as a guarantee of hours of work per day or per week, or days of work per week.

12.02 The standard work week shall consist of forty (40) hours per week, Monday \o Friday, eight (B) hours each day.

12,03 Ovenime at 1he rate of time and one-half the employee's regular rate of pay shall be paid ror.

(a) all work performed in el<cess of eight (B) hours per day; (b) overtime at the rate r)f time and ona-half for all work partormed an Saturday;

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( )

(c) Overtime at the rate of double time on the same basis shan be paid for all wor1< performed on Sunday. (d) The Company shall keep up-to-date records of all overtime worked for employee's inspection. This record shall include records of overtime offered, overtime refused and overtime worked. The Company shall provide the Plant Chairperson with a copy of this record. OVenime opportunities refused shall be considered overtime worked for the purpose of this article.

(e) The Company and the Union agree that opportunity for overtime shall be dlstrlbuted equally amongst the employees who normally pa~orm the work to be done. This record shall include records of ovef1ima offered, overtime refused and overt'tme worked. The Company shall provide the Plant Chairperson with a copy of lhis record. 0\ler:ime opportunities refused shall be considered overtime worked for tha purpose of this article.

12.04 A rest period of ten (1 0) minutes away from work will be provided during tt1e first half of each shift and ano1her ten minute rest period a. way from work will be provided during the second half or each shift.

12..05 The Company shall give notice of overtime as far in advance as is possible and practical. Overtime work shall be on a volun1ary basis, and it is mutually agreed that overtime shalf be distributed as equitably as possible among the employees who normally perform the work.

12.06 Employees who have been requested to work two (2) hours or more of overtime, shall receive a fifteen minute rest period on Company time in order to eat their lunch, el9ht dollars (~8.00) for meal allowance.. Effective April1, 2008, 1he me.a.l allowance will be increased to nlne dolla11! ($9.00).

12.07 Any shift that starts at 2:00p.m. or later shalf be considered the afternoon shift Any shift that starts at 10:00 p.m. or later sh~ll be considered the night shift.

i 2.08 Wash-Up Period lhe Company agrees 1o grant each employee two (2) 'five minute wash­up periods par shift; one Immediately prior to lunch and one at the end of the shift. Employees who leave their work station w~hout just causa before the wash-up period shall be the subject of discipline.

ARTICLE 13 ~ Reporting Time and Recoil to Work

13.01 Any employee who reports for work at his/her regular starting time on a scheduled work day wlthou1 having been notified before leaving home that no work is available shall be guaranteed four hours worl< or shall receive four hours pay at his/her regular rate. ihls provision shall not apply where the unavailabiiHy of the wort is due to fire, ilood, power failure, labour dispute or ather cause beyond the control of the Company.

13.02 Any employee who has completed his/her regular shift and leaves the plant and is then recalled to work shall ba guaranteed four hours work or shan receive four hours pay at the overtime rate.

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ARTICLE 14 w Statutory Holidays ..

14.01 The following shall be considered as paid holidays:

New Year's Day Good Friday Victoria Day Labour Day Simcoe Day (Civic Holiday) The day before Christmas

Canada Day Thanksgiving Day Christmas Day Boxing Day

The day before New Year's Day ,

14.02 Each employee shall receive his/her regular average hourly earnings of the previous pay period for eight (8) hours for each of the above named holidays.

14.03 Where any of the holidays enumerated In paragraph 14.01 of this Article falls on a Saturday or a sunday, the Company shall, at Its discretion, observe the holiday on either the preceding Friday or lhe succeeding Monday. 14.04 An employee to b~ eligible lor holiday pay must work the last scheduled shift preceding the holiday and the first scheduled shift following the holiday unless such employee is absent with pay under lhe provisions of Article 16 llereof or the employee Is absent and such absence is exempted by the provisions of !he Employment Standards Act.

14.05 In the event of a Christmas shutdown, employees who do not repon on the day Immediately following the shutdown shall be entitled to statutory holiday pay, providing he/she reports to work within three (3) days of the resumption oi operations.

14.08 Where a holiday falls while an employee Is on vacatlon under Article 15 hersof, he/she shall be given at the option of the Company an extra day of vacation with pay either at the beginning or at the end of his/her vacation period or an extra day's pay in lieu thereof.

14.07 If an employee being paid hourly rates shall work on one of the above named stamtory holidays, he/she shall be compensated for such work at the rate o1 double time his/her basic rate (in addition to his/her holiday pay).

AhTlCl.E. 15 ·Vacation with Pay

15.01 All employees who have completed less than fiYe (5) years of employment before July 1 of any yaar shall receive two weeks vacation and shall receive as vacation pay an amoun1 equal to four per cent (4%) of all wages received for actual work for the Company during the twelve (12) months Immediately preceding July 1 In that year.

15.02 All employees who nave completed mo~e than five (5) years or conlinuou~S or non­continuous service beiore July 1 of any year shall receive three weeks vacation and shall receive as vacation pay six per cent (6%) of all wages received for aclual work for ihe Compeny during the twelve months Immediately precad1ng July 1 in that year,

15,03 All employees wt10 have completsd mora than twelve (12) years ot continuous or non­continuous service before July 1 o1 any year shall receive four weeks vacation and shall racerve as vacation pay eight per cent (8%) of atl wages received for ae1ual work for the Company during the twelve (12) months immediately preceding July 1ln that year.

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15.04 All employees who have completed more than twenty-1wo (22) years of continuous or non-continuous servlca before July 1 of any year shall receive five weeks vacation and !:!hall receive as vacation pay ten par cenl (10%) of all wages received for actual work for the Company during the twelve {12) months immediately preceding July 1 in that year.

15.05 All employees who have completed more than thirty-three (33) years of seNlce shall receive an additional one week's vacation and shall receive as vs.cation pay an addilional two per cent (2%) of all wages received for actual work for the Company during the twelve (12) months immediately preceding July i in that year.

15.06 The terms ·wages• as used In this Article shall Include overtime premiums, shift differentials and all payments for time actually worked.

15.07 An employee who leaves the Company before becoming entitled to a vacation as pro>hded in this Article shall receive-In lieu thereof the amount provided for in the Employment Standards Act {Ontario) and the regulations passed pursuant thereto.

15,08 Vacation schedules are to be posted before March 1 at annually. In fixing vacation schedules preference shall be given to vacation requests on a seniority basis for those requests made in writing prior to February 1 ~ 1 annually, after which requests will be considered on a first come tirst served basis, subject to management's ability to maintain a sufficient working iorce to handle necessary work during any vacation period. An employee who desires one continuous vacation period may use his/her seniority as a basis of pre:ference for one continuous period subject to management's ability to efficiently operate the plant. Under special circumstances, employees may cflange or amend their vacation choice subject to tha approval of the Plant Manager. At no time shell a senior employee be permitted to rafuse to name hislhef vacation data(s) to the detriment of other employees. 15.09 An employee who is hospitalized because or sickness or accident while on scheduled vacation, will be consldemd as being on slc!l; leave during the period of such illness. Any unused vacation time may be rescheduled ~t a future date, mutually agreeable to the employee and to the Company.

15.10 Employees shall receive the~r vacation pay, by separate cheque, the tllird (3d) pay period of July.

ARl'ICLE 16 w Bereavement, Jury 21nd Injury Pay

16.011n the event of the death of a member of an employee's Immediate family, the employee will be granted a leave of absence with pay for time necessaf11y lost 1rom work up to a maximum of three (3) worl<ing d~ys. This allowance will be made only for the purpooe of the employee arranging and attending the funeral, provided that an employe9 will be gra!lted a leave o1 absence for on a (1) day with pay In the event of the da-ath of a member of his/her family without arranging or attending the funeral. The term ·Member of an employee's Immediate family~ means husband, wife, child, father, mother, sister, brother, mother-in-law or (ather-In-law, In the evenl or the death ot grandparent, brother-In-law or sister-In-law of an employee, he/she Ghall be gmnted up loa maximum of one day's leave of absence with pay, provided the employee uses such time for the purpose of arre.nglng or attending the funeral or such deceased relative.

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18.02 Any employee who is required to serve on a jury st'lall be paid the difference between the

amount paid far such seTVice and hisfher regular hourly rate for the time lost from his/her regular scheduled work shift by reasons of such service subject to the following provisions:

(a) E:mployees must notify their foreman within a reasonable tfme after receipt of notice of

selection for jury duty. (b) Al1 employee called for jury duty and who Is temporarily excused from attendance at Court during working hours must report for work wlthln a reasonable time.

(c) In order to be eligible for such payments, the employee must furnish a written statement from

the appropriate public official showing the dale and time served and the amount of pay received.

16.03 An employee who Is at work for the Company and who Is injured while perlormlng such work, to the extent lhat he/she must stop work and receive trea1ment, shall be paid the earnings he/she would noJmally have earned for lt1a remainder of that day provided that such payment shall be reduced by fhe amount of any compensation received from any source by the employee for the lima lost on that day.

AATICLE17 ~ Seniority

17.01 (a) Seniority as ieierred lo in this Agreement shall mean length of time of continuous service In the etnploy of the Company and shall be on s. plant-wlda basis.

(b) It is agreed by the parties that seniority for fringe )leneflts, I.e. vacations, pensions, welfare coverage, etc., shall apply on a Company-wide basis. It is further agreed t?Y the parties that seniority ror the purpose of issues such as vacancies, promotions, demotions, transfers, layoffs and recall ~after layoff, etc. shaU apply separately to each location or the Company. The Compa11y shall give preierential consideration to a person who has baen laid off !rom one location of the Company, and who possesses recall rights, for tha purpo.ses of hiring into vacancies at another location. To be eligible for such consideration, an employee shall make an application to the Company so as to declare hlslher interest for alternative employment. Such applicants shall be assessed on the basis of their format service. ln th~ regard, the Company agrees to the following:

(i) The Personnel Department telephone number and address at each plant of the Company will be provided by the Company to each laid off employee.

(il) Upon being laid off, an employee will be provided an employment appli~a1ion farm and a copy of his/her Record of Employmenl (ROE) not later than the employee's next regular pay day.

(iii) The Company will notify the appropriate local Union Representativa(s) of any new employment opportunities as soon as practicable prior to hiring with monthly update.

(tv) Each plant Personnel Dapartment will prepare a listing of employees on layoff. Such lis1ing

will be supplied to all plants and local union representatives. Tho Company shail accepl application from the laid off employees, and forward them to the plant that I he laid off employee

hs.s designated on the application form.

11

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)

transfer of Operations

usw

It ls further understood and agtaed lhat employees at a location who are laid o1f as a result of the transfer by the Company of equipment or work from one location to another, will be given preferen-ial consideration for new employment, in accordance with the above provlsloras. In the avant of the future hire of such person in accordance with these and the above provisions, full Company service will addltlonally be provided for the sole purpose of determining the period of recall entitlement, should such person be laid off frorn the new location.

17.02 An employee will ba considered on probation and will not be subJect to the provisions of this Agreement nor shall hlslher name be placed on the seniority Us I until after he/she has completed fifty (50) working days In any twelve month period. Upon completion of such probationary period, the employee's name shall be placed on the seniority list with seniority daling back to the date he/she was last hired by ttle Company. The dismissal of a probationary employee shall not be the subject of a grievance.

17.03 In all cases of vacll!ncies, promotions, demotions, transfers, layoffs and recalls after layoff, senior employees shall be entitled to preference. In recognition, however, of the responsibility of management tor the operation of the plant, it is understood and agre~d that management shall have the right to pass over any employee who does not tlave the ability and physical f1tness 1o perform tha avaUable work.

17.04 Seniority shall accumulare ln. the following circumstancss only:

(a) When off the payroll due to layoff in which case sanlorlty will continue to accumulate for a period of 1lme equal to twelve (12) months or the length of the employee's seniority whlc.ha'ller Is the shorter.

(b) In cases of sickness, accident, or WSIB coverage for a period of time equal to twelve (12) monttls or ~he length of the employeo's .seniority, whichever is t11e shorter.

(c) When off the payroll due to personal leave of absence, then seniority will con1inue 1o accumulate for a perlod oi time equal to six (6) months or the leng\h of the employee's seniority, whichever is the shorter.

(d) When absent on vacallon with pay.

(e) When actually working for the Company.

(f) During written authorized leave o1 absence.

17,05 Seniority shall terminate and an empfoyee shall cease to be employed by the Company when he/she:

(a) qu~s for any reason;

(b) Is discharged and Is not relna1ated through lhs grievance procedure or arbitration;

12

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(c) fails to report for work within seven (7) calendar days after being notified by registered mail to hiS/her last knowl') address by the Compa,ny on recall following a lay-off

(d) is absent without leave tor three (3) consecutive days unless a reason acceptable to the Company is given;

(e) is off the payroll for a continuous period of twelve (12) months;

(f) falls to retum to work upon lhe termination of an authorized leave of absenca unless a reason acceptable to the Company is given.

17.06 Committeemen and Union Stewards will be Issued an up-to-date seniority IIS't on or about June 30, and December 31, of each year. A copy shall be posted on the plant bulletin board for Inspection, The lisl given to the Union shall contain employees' classification and the most current address and phone numbers on file with the Company. Copy of same shall also be sent to the Union office. Seniority as referred to In this Agreement shall mean service in the employ of the Company and shall be on a plant-wide basis.

17.07 In 1ha event that an employee covered by this Agreement should be promoted loa supervisory or confidential position beyond the scope of this Agreemenr Is later!ransferred to a position within the scope of this Agreement, he/she shall retain the seniority previously acquired and shall have added thereto the seniority accumulated while service ln such supervisory or confidential capacity.

17.08 It shall be the duty of each employee to notify the Company promptly of any change in address. If an employee fails to do this, the Company will not be responsible for failure of a notice to reach such employee.

17.09 Any employee's returning after sick leave will be conditional on his/her supplytng, when requested, a certincate from a physician that he/she Is fully recovered from the sickness which caused his/her absence.

17.1 a All permanent vacancies 1or job classltlcattons set out herein shall be posted for three (3) working days on the bulletin boards In the plants. An E~mployae d9siring to till the vacancy must make application in writing to the management W'ithfn three (3) working days. The .senior smployaa applying to 1ill the vacancy shall be given the appointment provitling that his/her qualifications as defined in Article 17.03hereln are relatively equal to all other applicants and provided that he/she is qualified to perform the work required in the vacant classificalion.

17.11 ll is agreed lha! only employees who nave been employed in a lower-rated classification for a period not less lhan three (3) months can apply for this position, provided that the Company will consider a11y other applications lhat are made.

17.12 The Plant Chairman and ths two (2) Shop Stewards shall have preferentlal seniority provided they qualify onder Article 17 .03_

ARTICLE 18 - leave of Absence

11:!.01 Personal Reasons The company and the Union agree Lh~t a leave of absence situation shall be treQted as follows:

13

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(a) from the period of November 1 to April 30 employees shall be granted a leave of absence without pay to a mwcirnum of sixty {60) days upon giving a legitimate personal reason ;

(b) from the period of May 1 to October 30, employees shall be granted ~ leave of absence without pay ta a maximum of thirty (30) days upon giving a legitimate personal reason provided that there shall be a maximum of one (1} such leave in a department and three (3) sucn leaves in any plant at the same time.

Requests for a leave of absence shall be In writing and e:Kcept in cases of emergency shall be with two weeks' notice. -

18.02 The Union will be notified of aU leaves granted under this section.

18.03 Leave lo Attend Union Conventions An employee who has bean elected or appointed by the Union to attend Union Convehtions, Conferences or Schools shall be gran1ad a leave of absehce. When an employee is absent from work on approved Union leava, the Company shall pay the employee's regular wages. The Union agrees 1o reimburse the Cornpany for such wages within forty~five {45) calendar days of the Company submit11ng an invoice. 18.04 Canadian CitizeMhip The Company agrees to allow leave of absence without loss of pay for up to three (3) days to employees who wish to become Canadian citizens. Such time off work shall be paid after verification is recelved by the Company that such persons did apply ancl receive their Canadian citizenship.

18.05 In case of pregnancy or parental leaves, employees shall be granted leave ot absence without pay,ln accordance with the Employment Standards Act The Company agrees that It will extend sucn period of lee.ve either before or after delivery upon receipt of medical evidence supporting the need tor such additional leave.

1 8.06 The Company agrees to grant an employee leave of absence without pay for up to one (1) year to work in an official cQpacity for the Union, provided such request 1s made by an authorized representa1lve of the Union.

ARTICLE.19 ~ Uralon Representatives

19.01 If an authorized Union representative who is not employed by the Company wan's to speak to focal union representatives in the plant about a grievance or other official Union business, he/she shall obtain ~he permission of the Company betore doing so.

ARTlCLE 20 ~Temporary Transfers

20.01 An employee who Is temporarily transferred from his/her regular job due to lack ot work or for the convenience of the employee shall be paid th6 rate of pay for the job to which he/sha Is tral19ferred provided the time spent on the new job is one (1) hour or more.

20.02 An employee who Is tempore.rlly transferred to meet the Company's convenience to another job for which the regular rate Is less than that which the employee is receiving, shall retain hislher former rate, and if such lransfer is to a job with a higher ra1a, I he employee shall receive the higher rate paid for such job.

14

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ARTJCLE21 - S;;afety and Health

21.01 The Company and the Union agree that they mutually desire to maintain high standards of safety and health in 1he plant ln order to prevent i11dustrlallnjury and illness.

2l.02 The Company shall continua lo rnaka the necessary prov~ions far the safely and health of its employees during the hours of their employment Jn accordance wllh th~ requirements of law.

21.03 The Company and the Union agree that the Safety and Health Committee shaN be formed comprising of not more than two (2) members each from the Company and the Union. The Committee's function will be to promote safety and Industrial hygiene in the plant, The Commiltee shall meet on a regular basi~ as may be mutually ag(aed.

21.04 The Company shall at all times employ a trained lirst-a.id man who will keep a Written report of all Injuries treated by hlmlher and such record shall be made available to lhe Union at all times.

21.05 The Company agrees to contribute up to one hundred and five dollars ($1 05.00) per employee towards the purchase o1sa1ety shoes. The wearing of safety shoes by all employees in the bargaining unit shall be compulsory. Effective April1'\ 2008 the Company agrees to contribute up to one hundred dollars and twenty dollars ($120.00).

21.06 The Company and the Union agree that ln certain work areas wearing safaty glasses is compulsory and employees will be provided wtlh glasses that must be worn In these areas.

21.07 The Company and the Union agree to abide by the "Occupational Health and Safety Act, R.S.O. 1990, Chap. 0.1 including all amendments lo November ~, 2004".

AR'rlClE22 ~Welfare

22.01 The Company agrees to maintain a group plan or plans to provide tho following benefits for all employees until they attain the age of sixty-five (65) years:

(a) Life Insurance- $30,000,00

(b) Accidental Death and Dismemberment- $30,000.00

(c) Drug Plan ~ 35tp per prescription

(d) Weekly Indemnity- First day of acciden~ eighth day of illness for fif!y-two weeks to U.I.C. maximum; full rebate, Including employee s~are to be pald to Company

(e) Dental -The Company agrees to pay 100% of the premium of lnduslrlal Life Basic Preventative Plan #9 (Dental including root canal) or equivalent (O.D.A. Schedule to apply for previous year In each year).

(f) Vision care- Maximum of $250.00 every two years.

22.02 Failure on the part of an insurance carrier to honour any legitimate claim under the insurance contract wilh the Company as s:e1 out In Article 22.01(a), (b}, (c), (d), (e) and (f) shall

15

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be subject to the grievance procedure and arbltra1[on:

(a) Except for Weekly Indemnity benefits, the Company shall continue to pay the premiums for fill employees for the month following the month of lay-ofr

(b) Employees off worK because of sickness or accident shall have heir premiums paid for the above plans for the period of the accident or illness to a .ma)(imum of twelve (12) months attributable to same accident or nlness.

22.03 The Company shall provide an up-tcrdare benefit booklet to employees In July of each year. New employees Will be given a copy of the current benefit booklet Ol'\ date of nira. ARiiCLE 23 - Handlcappe~ Employees

23.01 In the event an employer is injured in the performance of his/her duties and becomes physically handicapped as a result thereor, or in the event that an employee becomes effected by an occupational disease during the course of his/her employment and he/she becomes physlcally handicapped as a resuU thereof, the Company will attempt to provide the handicapped employee with such suitable employment as is available.

AR'ftClE24 ~ Bulletin Boards

24.01 The Company agrees to provide 1he Union With a bulletin board in tile plant for the purpose of posting Union Notlcas and orflclal papers, ll is agreed that notices must be authorized by the Company before pasting on the bulletin board.

ARTICLE25 • General

25.01 The singular shall include the plural and the plural shall include the singular where the wording of the text so requires.

ARTICLE 26 ~Copies cf Agreement

26.01 The Company and the Union desire every employee to be familiar with the provisions of this Agreement, and for 'his purpose, the Company agrees to pay and tumish a printed copy of the Agreement to each employee not later than thirty (30) working days after the ratification of the Collective Bargaining Agreement

AA11CLE Z7., Retirement and Pension

27.01 Until December 31., 2006, employees attaining the age of slxty-flYB (65) must retire from work. After that date, employees may choose to continue to work bul no contrlbutlons to pension or benefits as se1 out in Article 22 shaU be made on their behalf by the employer.

27.02 Pension: May 271

\ 2006 ~ April 181

, 2007 April 11

\ 2008 April1'\ 2009 April 1'\ 201 o

72 cents par hour 74 cents par hour 76 cents per hour 78 cents per hour BO cents per hour

16

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AIU.CLE 28 w Humantly Fund

28.01 The Comp~ny agrees to deduct on a weekly basis the amount of one cent ( 1 ¢ ) per hour from the wages of aU employees in.the bargaining unit for all hours worked and, prior to lha 15th day of the month following, to pay the amount so deducted lo the "'Humanity Fund" ancl to forward such paymen1 to United Staelworkors NB.t1onal Office, 234 Eglinton Avenue Easl, Toronto, Ontario, M4P 1 K7~ and to advise in wralng both the Humanity Fund at the aforementioned address and the local union that such payment has been made, the amount of such payment, and the names of all employees in the bargaining unit on whose behalf such payment has bean made.

2B.02 It is understood and agreed that participating by any employee in the bargaining unit in ~ha progmm of deductions sat forth above may be discontinued by any employee in the bargaining unit after the receipt by the Company and the local union of that employee's wrinen statement or his/her desire to discontinue such deductions from his/her pay which may be received during the four (4) weeks following ratification of this Agreement .

.AR'TICl.E 29 - lunch Room

29,01 The Company will provide an enclosed lunch room facility with access to a slnk with hot and cold running water.

ARTICU: 30 .. Summar Students

30,01 The Company and Union agree lhe employment of summer students under the following conditions: Summer students shall only be employed by the Company during the period of June 1Q to the Friday prior to Labour Day lncluslve In any year, The Company shall not be permitted to hire summer students rl there are bargaining unit employees on layoff. summer students will not accumulate ~enlorlty durlng their period of employment and sl"lall no1 have any recall or bumping rights. Summer students shall not be eligible to receiVe Group Insurance or Pension Benefits during their 1erm of employment. Summer students shall not be required to pay Initiation fee.s to the Union. However, they will be required to pay union dues as provided tor In Artlclo 3- Check-Off. Summer students shall be paid not less than the "Learner Rate• for the Job classification to which they are assigned. Summer students shall not be asked or permitted to work overtime unle5S permanent employees in the classification in Which tile student is assigned are unable or unwilling to work.

ARTICl-E 31 .. Anti-Se:a:ualand Anti-Raci•l Hara$8ment

31.01 The Union and the Company recognize that sexual and/or racial harassment Is an unlawful employment practice.

3, .02 For the purposes of this Article, '1sexual harassrnent" includes:

(a) unwanted sexual atlenlion of a persistent or abushte nature, made by an employee who knows or ought reason:a~bly to know that such attention Is unwanted; O(

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(b) implied or expressed promise of reward lor complying with a sexually oriented request; or

(c) implied or expressed threat or reprisal, In the form either of actual reprisal or the denial of opportunity, fot refusal to comply with a sexually oriented request; or (d) sexually oriented remarks andlor bahavlour which may reasonably be perceived to create a negative psychological and/or emotional environment for work and study.

31.03 For the purpose o1 thl.s Article, ·racial harassment~ includes:

(a) engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome where such comment or conduct consisls of words or action by an employee who disrespects or causes hummation to another employee because of his or her race, colour, creed, ancestry, place of origin or ethnic origin,

31.04 Complaints or alleged harassment shall be deall with as a grievance and shall be con.sollda1ed with any grievance of an employee who has been disciplined up to and including discharge as a resu~t of such aUeged harassment.

31 .05 Where an arbitrator concludes that there has been harassment the arbitrator may:

(a) direct that the aggrieved employee (ihe C()mplainant) not be required to continue to work in proximity to any person (respondent) found to have engaged in any sexual or racial harassment conduct; and (b) direct that any employee who Is found to have engaged in sexual or racial harassment conduct be reassigned 10 another location or lime of work without regard ~o the responden1's seniority; e.t'ld (c) grant such other relief that is approprlale under the circumstances.

31.06 In any arbltratlon case arising out' of or relating \o sexual or racial harassment conduct, where an arbitrator iinds that sexual or racial harassment has occurred the arblirator shall Impose a. remedy which Is designed to only af1eot the perpetrator insofar as that is possible and where there Is any detriment to be suffered respecting job classification, seniority, wages, etc. such detrimsnt shall fall upon the perpetrator and not upon other bargaining uni' employees. The arbilrator may direct a transfer of the perpetrator without regard to hlsl~ter seniority.

31.07 Where an arbitrator makes a determination under this Article the grievance or complaint shall not be the subject of a further complaint.

A.RTICLE:: 32 ~ lermination

32.01 This Agreement shall bscome e!fecllve on the 18111 day of July, 2011 and shall continue in effect up to and lncluaing the 31st day of March, 2014.

32.02 Either party desiring to renew or arnend this Agreement may give notice in writing of Its intemion during the last ninety (90) days of Its operations.

32.03 If nollce of the intention to renew or amend is given by either pany pl.lrsuanl to the provisions of the preceding paragraph, such negotiation!!> shall commence nollater than fifteen (15) days afier such notice or as soon thereafter as it is mutually agreed.

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32.U' · If pursuant ~o such negotiations. an Agreement is not reached on the renewal or amen dment of the Agreement prior to 1he current expiration date. the terms and condltior.s of the Jli~raamant she.ll continua in effect fn ac~ordance with the terms of the Ontario Labour Rela ions Act. tN W 'TNESS 'N~tEREOF each of the par~hereto has caused this Agreement to be signed by rts dtlly authorized representatives this ~~ day of ~nber t~ .....,.,.

~ {?r f/> ~rJ ~,...,

GLOI liE SPR U & GUSHJOt\l CO. LTD.

--· ·---·--·~---· ·- _ ___ ~·---------Original has been 5igned

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SCHEDULE "An 2% 2% 3•,<, !!lo/. ~

3% Clssgl 29-May-OS 1~Apr~D7 1-Apr~oa 1-Apl'o09 1-Apr-10 Leamer $14.01 $14.30 $14.72 $15.17 $15.62 Spring Assembler $14.80 $15.10 $15.55 $16.02 $18.50 Alltomatlc Assembler $14.80 $15.10 $15.55 $16.02 $16.50

Cl.ssll Border Clipping $16,42 $,6,75 $17.25 $17.77 $18.30 Crating Machine $16.42 $16.75 $17.25 $f7.77 $18.30 Operator" $16.42 $16.75 $17.25 $17.77 $18.30 Matertal Handlers ~16.42 S16.75 $17.2.5 $17.77 $18.30 Coil Helper $16.42 $16.75 $17.25 $11.77 $16.30 Rip Saw S. Cut Off Operator $16.42 $16.75 $17.25 $17.77 $16.30 Butt Weld Edge Guards !£15.42 $16.75 $17.25 ~17.77 $16.30 Machine Operator $16.4.2 $16.75 $17.25 $17.77 $18.30 Lectro Lok & Grid Waldi11g $16.42 $16.75 $17.25 $17.77 $18.30

Clllls& Ill Boll( Spring Assembler $16.55 $16,89 $17.39 $17.91 $tB.45 Riveting Machine Op91'a!or $16.55 $16.89 $17.39 $17.91 $18.45 Frame Assembler S1B.55 $16.89 $17.39 $17.91 $18.45 Punch Press Machine Operator $16.55 $16.89 $17.39 $17.91 $18.45 Box Spring Blapter $16.55 ill16,69 $17.39 $17,91 $18.45 Bending Machine Opere lor $:18.55 $16.89 $17.39 $17.91 $18.45 Edgewire Bender $16.55 $16.B9 $17.39 $17.91 $18.45 Fle:w:olator Machine Operator (B) $16.55 $16.89 $17.39 $17.91 $18.45 Box Spring Grid Assembly $16,55 $16.89 $17.39 $17.91 s-18.45 Box Spring Grid Stapler $16.55 $16.69 $17.39 $17.91 $18.45

ClasllllV Goller (B) $17.03 $17.37 $17.90 $18.43 $1B.G9

Shaping Frames Wood Cutter $17.03 $17.37 $17.90 $18.113 $18.91» Continuous Coil Machine Opera~or (B). $17.03 $17.37 $17.90 S18.43 $16.99

Clauu V Towmolor Operator $17.63 $17.98 $1B.52 $19.07 $19.65 Sphul Coil Machine Operator (B) ~17.63 $17,98 $18.52 $19.07 $19.65

Class VI $17.55 $17.91 $18.44 $19.00 $19.57

Class VII Flexolalor Machine Opem~t()r (A) $16.57 $18.95 $19,51 $20.10 $20.70 Continuous Coil Machine Opemtor (A) S1B.57 $18.95 $19.51 .$20.10 £20.70 Coller (A) $18.57 $18.95 $'19.51 $20.10 $20.70 Sphul Colt Machine OperalOr (A) $18.57 $16.95 $19.51 $20.10 $20.70 Trucl< Driver S1B.57 $16.95 $19.51 $20.10 $20,70 TracrorTraller Driver $20.24 $20.64 $21.26 (;21.90 $22.56

Clan VIII Machine ~intana.nca $20.45 $20.86 $21.49 $22.13 $22.79

Cl•niX Tool 5 Die Maker $20.60 $21.21 $21.85 $22.51 $23.18

20

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lump Sum Payment Schedule

3 Year Deal • Each Employee wHI be paid:

Four Hundred doHar {$400) lump sum year 1 -Paid July 29, 2011

Four Hundred dollar ($400) lump sum year 2- Paid first pay period after Aprll1, 2012

Four Hundred dollar ($400) Jump sum year 3- Paid first pay period after Aprll1, 2013

21

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.July t8, 2011

Further to lhe final offer, July 18, 2011, for a collective agreement between USW and Globe :Spring & Cushion Co. ltd. ratiffed by majority vote on July 20, 2011, the Company agrees to the :loll owing:

'I The parties agree that Article 17 is interpreted to mean that senior employees who arG subject loa layoff or a reduction of their normal hours of work shall be entitled to displace a junior employee whose work he/she is capable of performing within the location in which he/she works, For example a Class Ill Frame Assembler shall have the right to displace the junior Class Ill Box Spring Assembler or Class II Border Clipper or Class U Material Handler.

;~ The aforementioned will not be printed in the CoUactlve Agreement Boal<lots.

IN Wfrf\4ESS WHEREOF each of the pa.rri~ ~erato has caused this AgreemBnl to be sigmJd by ts duly aulhorizad represen(atlves this 3:1..~ day of ~~r • , aot't .A..J.. . ~ ~ ~J ,~rJ . ~L~ION CO. LTD.

:~; ?}-tt--~ _ Original has betm sfgned

,1NITED !STEELWORKERS, AND ITS LOCAL3950·40

~l'~--'1..._· .....~~.rJOt,~,;-Ge....=,_M---~_-____ _

•-~--- '" oo••••-••~··-----·----~------

·-----·-·- ___ -·---·-·-~·------~~ Origins/ bBB br~en signed

22