COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS … Consuma… · 13 Health and Safety 19 14 Human Rights 20 15 Bulletin Board(s) 21 16 Leaves 21 17 Vacations 23 18 Statutory Holidays

Without prejudice, Pending Final Sign-off Page 1

COLLECTIVE AGREEMENT

BETWEEN:

MAPLE LEAF FOODS (Thamesford),

(hereinafter referred to as "the Company")

- and -

CANADIAN NATIONAL FEDERATION OF INDEPENDENT UNIONS (CNFIU):

Local 3000

(hereinafter referred to as "the Union")

TERM OF THE AGREEMENT

April 01, 2012 to March 31, 2015


INDEX

Article Page

1 Purpose 3

2 Recognition 3

3 Work Stoppages 4

4 Union Security and Dues Deduction 4

5 Company Rights 5

6 Employee Representation 6

7 Grievance Procedure 8

8 Discharge and Discipline 11

9 Seniority 13

10 Job Posting 14

11 Transfer 17

12 Layoff and Recall 18

13 Health and Safety 19

14 Human Rights 20

15 Bulletin Board(s) 21

16 Leaves 21

17 Vacations 23

18 Statutory Holidays 25

19 Jury Duty 26

20 Bereavement 26

21 Reporting Pay and Call-In Allowance 27

22 Group Benefits 28

23 Hours of Work, Rest Periods and Overtime 30

24 Other Benefits 33

25 Wages and Classifications 36

26 Term of Agreement 44

LOU 1 Training Fund 45

LOU 2 Part Time Employees and Students 46

LOU 3 Lead Hands 47

LOU 4 Classification Determination 48

LOU 5 Payroll 49

LOU 6 Excess Work Hours 50

LOU 7 Stand-By Pay 51


ARTICLE ONE - PURPOSE

1.01 The purpose of this Agreement is to provide orderly collective bargaining relations between the

Company and its employees covered by this Agreement through the Union to secure prompt and

fair disposition of grievances, to secure the efficient operation of the Company's business

without interruption or interference with work and to maintain mutually satisfactory hours of

work, wages and working conditions. Both parties agree that their mutual interest lies in

friendly cooperation to promote the mutual interest and welfare of both the Company and

Employees/Union.

ARTICLE TWO - RECOGNITION

2.01 The Company recognizes the Union, for the purpose of this agreement, as the sole collective

bargaining agent for all employees of the Employer working in and out of the Town of

Thamesford, Ontario, in the following areas, save and except supervisors, persons above the

rank of supervisor, nurses, office and sales staff.

- Primary Processing Plant

- Transfer Station

- Further Processing Plant

- Shipping

- Technical Services

- Live Haul

- Stockroom

- Washbay

2.02 The Company agrees that supervisors, persons above the rank of supervisor and all non-

bargaining unit personnel will not perform bargaining unit work, except for instruction or

training of bargaining unit personnel; emergency situations; washroom relief; relief for

training or health and safety related matters; relief to attend to Union business; or unforeseen

employee absenteeism until a member of the bargaining unit is available.

Management shall not subcontract or transfer work capable of being performed by existing

qualified employees or qualified employees on lay-off available for the work assignment except

for the reasons of emergencies, bio-security and animal welfare. The Company agrees that it

will deal fairly and honestly with any decisions to contract out.

2.03 The word "employee" wherever read in this Agreement shall mean any or all of the employees

in the bargaining unit as defined above except where the context otherwise provides.

2.04 Where the masculine pronoun is used herein it shall mean and include the feminine pronoun

where the context applies.


ARTICLE THREE - WORK STOPPAGES

3.01 In view of the orderly procedure established by this Agreement for the settling of disputes and

the handling of grievances, the Union agrees that, during the lifetime of this Agreement, there

will be no organized strike, picketing, slowdown or stoppage of or interference with work or

production, either complete or partial, and the Company agrees that there will be no organized

lockout of employees.

3.02 The Company shall have the right to discharge or otherwise discipline employees who take part

in or instigate any unlawful strike, picketing, slowdown, stoppage or other interference with

work or production, either complete or partial, contrary to 3.01 of this Agreement.

ARTICLE FOUR - UNION SECURITY AND DUES DEDUCTION

4.01 The Union will not nor will any employees engage in any Union activities during working hours

or hold meetings at any time on the premises of the Company without the prior consent of the

Company. It is understood however, that use of the agreed and provided Union office on the

premises is permitted by the Company.

4.02 All employees of the Company covered under this Agreement, shall, as a condition of

employment become members of the Union upon completion of their probation.

4.03 During the term of this Agreement, the Company agrees to deduct regular weekly Union

dues and initiation fee, if any, as certified by the Union, to be currently in effect according to

the Constitution and By-laws of the Union, from the wages of each employee on each pay

day of each calendar month and to remit the amount so deducted to the head office of the

Canadian National Federation of Independent Unions no later than the 10th day of the

following month.

a) A member of the Local Union Executive will be given the opportunity of meeting

each new bargaining unit employee at their new employee orientation, for the

purpose of informing such employees of the existence of the Union in the

organization. The Employer shall designate the time and place for this meeting,

the duration of which shall not exceed fifteen (15) minutes. The meeting shall

take place on the Employer’s premises in a room designated by the Employer.

b) The Employer shall advise the Local Union the names of the new employees and

the date of their new employee orientation as soon as it is known to them.

c) The Employer shall advise the Local Union of employees who successfully

complete their probationary period, at the time that they have successfully

completed their probationary period.

If a position is filled by any temporary worker in any department for more than fifteen (15) days

in a calendar month, the Company will reimburse the Union $20.00 per person per month(s) that

the employee has worked more than fifteen (15) days.


4.04 The Company shall furnish to the Union with such payments a list of the names of those

employees for and on behalf of who deductions have been made.

4.05 The Company will provide the Union a current listing, on the first working day after January 1st

and July 1st of each year, or as otherwise reasonably requested, an updated listing of Union

members containing name, home address, phone number, department and position.

4.06 The Employer will provide the Union with reasonable notice prior to implementing any

changes to any workplace practices and policies.

ARTICLE FIVE - COMPANY RIGHTS

5.01 The Union acknowledges that it is the exclusive function of the Company to:

a) maintain order, discipline and efficiency, and

b) hire, discharge, classify, schedule, transfer, assign, direct, promote, demote, layoff,

and suspend or otherwise discipline employees for just cause; and

c) generally to manage the industrial enterprise in which the Company is engaged and

without restricting the generality of the foregoing, the kinds and locations of

equipment, machines, and tools to be used, and the allocation and number of

employees required by the Company.

Company rights, as outlined above, shall not be exercised in a manner inconsistent with the

terms of this Agreement.

5.02 The Union recognizes the right of the Company to make, enforce and to alter, reasonable

rules and regulations as required not inconsistent with the terms of this Agreement, to be

observed by all employees.

5.03 Technological Change

a) Technological change shall mean the introduction of equipment different in nature,

type or quantity from that previously utilized.

b) The Employer shall notify the Union thirty (30) days in advance before the

introduction of the above, whenever possible.

c) If the employer is required to reduce the number of employees in the bargaining unit

as a result of the introduction of technological change, the employer will use its best

efforts to place the employee in a comparable position in the organization. Should no

position be available in the organization, the employee will be laid off and entitled to

the options set out in Article Twelve. The Company will offer reasonable training to

employees that may be subject to reduced hours of work or layoff as a direct result of

technological change, in an effort to be able to place them in a comparable position in

the organization.


ARTICLE SIX - EMPLOYEE REPRESENTATION

6.01 Grievance Committee

The Company acknowledges the right of the Union to appoint or otherwise select a grievance

committee, which shall be comprised of not more than two representatives of the local union.

Each member of this committee shall have at least one year of seniority with the Company and

shall be regular employees of the Company available for duty during their time of office. The

Company will recognize and bargain with the said committee, commencing at Step 3 of the

grievance procedure, who will co-operate with the Company in the administration of this

Agreement.

6.02 The name and jurisdiction of each of the representatives of the grievance committee, from time

to time selected, shall be given to the Company in writing and the Company shall not be

required to recognize any such representative until it has been notified in writing by the Union

of the name and jurisdiction of the same.

6.03 The privileges of members of the grievance committee to leave their work to attend to Union

business is granted on the following conditions:

(a) there will be no loss of pay while absent from their work, except for time spent

preparing for and attending at arbitration hearings

(b) such business must be between the Union and the Company

(c) the time shall be devoted to prompt handling of necessary business

(d) representatives involved shall notify their supervisor, who shall give permission to leave

their work without undue delay

6.04 The Union representatives will not enter the premises of the Company after working hours

without signing in with Security.

6.05 Negotiating Committee

At any further negotiations for the renewal of this Agreement, the bargaining unit will be

represented by a Negotiating Committee consisting of not more than three (3) employees of the

Company and a representative of CNFIU. Each member of this Committee shall have at least

one year seniority with the Company and shall be regular employees of the Company during

their time in office. The Company will recognize and bargain with this Committee on any

matter properly arising in negotiations for renewal of this Agreement. The Union shall notify the

Company in writing of the names of the members of the Negotiating Committee at the time of

their appointment and the Company shall not be required to recognize any committee member

until it has been so notified.


6.06 The privileges of the Negotiating Committee to leave their work to attend Union business will

be granted on the following conditions:

(a) the Company will pay members of the Negotiating Committee for time lost from regular

scheduled work to meet with Company to a maximum ten (10) meetings or eighty (80)

hours.

(b) such business must be between the Union and the Company

(c) the time shall be devoted to prompt handling of necessary Union business

6.07 Union Stewards

The Company acknowledges the right of the Union to appoint or otherwise select stewards to a

maximum of fifteen (15) positions bargaining unit-wide and a maximum of two (2) stewards

(five (5) in Boning) in any department. The union will endeavour to have a steward available

for each shift for each department within the plant.

6.08 Each Steward shall have acquired seniority with the Company and shall be regular employees of

the Company during their term of office. The name and jurisdiction of each of the stewards from

time to time selected shall be given to the Company in writing and the Company shall not be

required to recognize any such steward until it has been notified in writing by the Union.

6.09 The Company recognizes that Stewards and/or Officers of the Union are required from time to

time to investigate and process grievances or discuss with supervision other matters affecting

employees.

When it becomes necessary for a Steward to leave his job to attend to these matters they will

give supervision as much advance notice as possible, at which time supervision will make

arrangements for the Steward to be relieved within one (1) hour after receiving such request.

The privileges of stewards to leave their work is granted on the following conditions:

(a) such business is for prompt handling of Union member rights as set out in this

Agreement.

(b) there will be no loss of pay while absent from their work, except for time spent

preparing for and attending at arbitration hearings

(c) such business must be between the Union and the Company

(d) the time shall be devoted to prompt handling of necessary business

6.10 The National Union Representative may attend at step three grievance meetings subject to the

following:

(a) he first reports to the Human Resources Department at Company reception;

(b) he must comply with Company regulations governing employees;

(c) his cost will be borne solely by the Union.

6.11 The incumbents in the following two positions of the Union shall be granted time off work, with

normal pay, to perform Union business for four (4) hours of their scheduled shift as follows:


Vice-President on the last Friday of each month and Secretary on the first Friday of each month

or on a mutually agreed upon day.

The President of the Local Union will be granted time off work, with normal pay to perform

union business for a full scheduled shift every Friday (or alternate day as mutually agreed). It is

understood that these days are intended for all manners of union business including grievance

meetings, disciplinary meetings and investigations. Where the Union President is away from the

plant on a leave of absence or vacation, and where it is necessary for specific Thamesford union

business to be performed, the company agrees to consider a request for time off for the

President’s designate. Such time will not exceed four (4) hours.

6.12 The Company agrees to pay 50% of the total cost of the producing the Collective

Agreements by a printer of the Union’s choice.

6.13 Labour Management Meetings

The Company and the Union shall meet quarterly to discuss any issues of concern, other than

matters already in the grievance process. There shall be a minimum of two (2) union and two

(2) management in attendance.

Agendas will be exchanged at least five (5) working days prior to the meeting. Meetings will

be a maximum of two (2) hours, but may be extended by mutual agreement.

The President, or designate, and two (2) representatives shall attend and shall be paid regular

hourly wages for all meeting time.

6.14 The Union shall notify the Company in writing of the names of Local Union Executive

members at the time of their appointment and the Company shall not be required to recognize

any Local Union Executive member until it has been so notified.

ARTICLE SEVEN - GRIEVANCE PROCEDURE

7.01 The purpose of this Article is to establish a procedure for the settlement of all grievances

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

Agreement. The Company and the Union, therefore, agree that the designated grievance

procedure as is set out shall serve and constitute the sole and exclusive means to be utilized

by the Grievor, the Union, and the Company for the prompt disposition, decision and final

settlement of a grievance and the specifically designated grievance procedure shall be strictly

followed.

No grievance shall be considered if more than five (5) working days (not including the day of

incident) have elapsed between the occurrence of the incident and the stating of the

grievance.

If required, extensions to the time limits referred to shall be by written mutual agreement.

Where a response is not given by a party within the specific time limits in the grievance

procedure, the other party may submit the grievance to the next step of the grievance procedure.


The Company will not impose discipline if more than three (3) working days (not including

the day of incident) have elapsed from the time the Employer is made aware of the incident

giving rise to the discipline or notifying the Union of pending discipline subject to an

investigation. Should there be no Steward available to attend the discipline meeting; the

Employer will give the Union notice of impending discipline within the three day period

referred to above.

STEP ONE (Complaint Stage)

An employee who has a complaint relating to the interpretation, application,

administration or alleged violation of this Agreement shall discuss his complaint with

his supervisor, and shall be given the opportunity to have a union steward present.

Such a complaint shall be brought to the attention of the Supervisor within five (5)

working days of the incident giving rise to the complaint. The Supervisor shall give

his verbal decision, within three (3) working days following the presentation of the

complaint or grievance to him, and shall record the details of the grievance on a form

provided by the Company. This form will include, but may not be limited to: the date

the grievance was presented to the Supervisor; the article(s) of the Collective

Agreement that was deemed to have been violated; the date of the violation; the

Supervisor’s response (denied or remedied); the name of the Union Steward (if any)

that attended the Step One meeting, and, the date that the response was provided to

the employee. The Supervisor will provide a copy of this record to the employee and

the union steward at the time that they provide their response.

STEP TWO (Discipline starts at Step 2)

If the Supervisor’s decision is not satisfactory to the employee following Step 1, then

the complaint shall, with the assistance of the union steward, be placed on a written

grievance form which is then to be presented to the Area Manager, and/or Human

Resources.

The complaint shall now constitute a formal grievance at Step Two and shall be filed

within ten (10) working days following receipt of the supervisor's reply to Step One.

The grievance shall specify the Article or Articles and subsections of the Agreement

of which a violation is alleged, contain a precise statement of the facts relied upon,

and indicate the relief sought and be signed by the Employee or if he is not available,

the grievance may be signed by the local union president or chief steward.

A meeting will be held, within five (5) working days of the company’s designate, as

listed above, receiving the written grievance and will be attended by the Area

Manager, and/or Human Resources, the grievor’s Supervisor, the Grievor and the

Steward signing the grievance.

The Company designate as listed above will render his decision, in writing, with

copies to Human Resources, the Employee and the Steward within three (3) working

days following the meeting.


STEP THREE

If a satisfactory settlement is not reached at Step 2, then the grievance will be referred

to Step 3 within ten (10) working days after the written decision at Step 2, and the

Union will forward a copy of the grievance to Human Resources.

The Union Grievance Committee will meet with the Management of the Company to

discuss the grievance at a mutually agreed upon date, within one (1) month after the

grievance has been referred to Step 3, or the date the grievance is filed in the case of

suspension or discharge as per Article 8.01. The Grievor will be allowed to attend the

Step 3 meeting.

After the Step 3 meeting, the Company shall reply to the grievance, in writing, with a

copy to the Union President within five (5) working days of the meeting or at such

time as mutually agreed upon at the Step 3 meeting.

Where the Company fails to make reasonable efforts to schedule a grievance meeting

within specified time-frames, and where the parties do not agree to an extension of

time-limits, the union will have the right to forward the grievance automatically to the

next stage of the grievance procedure.

MEDIATION

Either party, with the agreement of the other party, may submit a grievance to Mediation

within twenty (20) working days after the Employer’s decision has been rendered at the

step prior to arbitration.

(a) The parties shall agree on a Mediator.

(b) Proceedings before the Mediator shall be informal. Accordingly, the rules of

evidence will not apply. No record of the proceedings shall be made, and neither

party shall use legal counsel.

(c) If possible, an agreed statement of facts will be provided to the Mediator, and if

possible, in advance of the Grievance Mediation meeting.

(d) The Mediator will have the authority to meet separately with either party.

(e) If no settlement is reached within five (5) days following Grievance Mediation, the

parties are free to submit the matter to Arbitration in accordance with the provisions

of the collective agreement. In the event that a grievance which has been mediated

subsequently proceeds to arbitration, no person serving as a Mediator may serve as

an Arbitrator, unless mutually agreed by both parties. Nothing said or done by the

Mediator may be referred to in Arbitration.

(f) The Union and the Employer will share the cost of the Mediator, if any.

ARBITRATION

At the request of either party to this agreement, the grievance may be referred to

arbitration as hereinafter set forth:

If arbitration is to be invoked, the request for arbitration must be made, in writing, to the

other party within twenty (20) working days after the reply at the Step 3, failing which


the grievance shall be deemed to have been abandoned and all rights to arbitration

forfeited.

The parties shall attempt to agree on a single Arbitrator from a list previously agreed to

by the parties. If the parties cannot agree upon an Arbitrator within fourteen (14)

calendar days from the date of the notice to arbitrate, the Ministry of Labour shall be

requested to appoint an arbitrator pursuant to the Ontario Labour Relations Act.

Each of the parties to the agreement will equally bear the expenses of the arbitrator

appointed by it.

7.02 Policy Grievance

The Union or the Company may initiate a Policy Grievance beginning at Step Three of the

grievance procedure. A Policy grievance may only be filed by the Union President (or

designate) and by the Manager, Human Resources of the Company (or designate). Such

grievance shall be filed within ten (10) working days of the incident giving rise to the complaint

and shall be on the form prescribed in Step Two. In the event that a policy grievance is based on

facts which have also given rise to an individual grievance, the Company and the Union may

agree that the Policy Grievance and the individual grievance be heard together during the

grievance procedure and/or submitted together to arbitration.

7.03 No matter may be submitted to arbitration which has not been properly carried out through the

grievance procedure within the time specified, providing that the parties may extend the time

limits in the grievance procedure by mutual agreement.

7.04 Settlement in any step of the grievance procedure shall be final and binding upon both parties to

the Agreement and upon any employee affected by it. The mandatory provisions of this Article

shall not be considered to have been waived by the parties or either of them unless they

expressly provide a waiver in writing.

ARTICLE EIGHT - DISCHARGE AND DISCIPLINE

8.01 Any employee who feels he has been unjustly disciplined, suspended, or discharged shall

have the right to appeal through the grievance procedure. In the case of grievances dealing

with suspension or discharge, the employee must, with the assistance of the Union’s

grievance committee, file a grievance within five (5) working days after receiving

notification of suspension or discharge. The grievance shall be entered at the third step of the

grievance procedure.

8.02 Where a grievance concerning discipline or discharge is submitted to arbitration the arbitrator

may rule as follows:

(a) confirming the Company's discipline or discharge;

(b) in the case of discharge, reinstate the employee with compensation for all related

damages (except for the amount of any remuneration or compensation the employee has

received from any other source pending the disposition of his case for which he is not

required to repay);


(c) in cases of discipline not involving discharge, reduce or set aside the discipline and

award compensation to the grievor for any related damages (except for the amount of

any remuneration or compensation the employee has received from other sources

pending the disposition of his case for which he is not required to repay);

(d) dispose of the grievance in any other manner which may be just and equitable.

8.03 The Union President will receive copies of all suspensions and terminations or discipline notices

issued to the union members made available the same day the member receives it.

8.04 Any employee may view his personnel file, upon advance written request signed by the

employee, in the presence of a Union representative, if so desired, and a member of Human

Resources.

No copies of records will be provided to the employee. Exceptional situations will be handled

on their own merit; and at the Company’s sole discretion, records may be copied for the

employee based on the situation giving rise to the request.

8.05 Any employee belonging to the Union will not be required to carry out discipline.

8.06 Right to Representation

(a) The Employer agrees that, whenever an interview is held with an employee that is

disciplinary in nature, a Union Representative will be present.

(b) It is mutually agreed that employees shall maintain their right of choice of Steward

associated with their department or a designate. The Employer will endeavour to

schedule the discipline meeting at a time the selected Steward is available. In the

event that the Steward chosen is not on the premises, the Employer will advise the

employee which Stewards are available and the Employee will be required to select

an available Steward.

(c) If no Steward is available, the employer will re-schedule the discipline meeting until

such time as a Steward is available. In such cases, the time-limits with respect to

imposing discipline will be extended. The employee will not be given the option to

waive their right to Union representation.

8.07 Discipline

In an effort to ensure an efficient, safe and harassment-free workplace, the Company may

issue disciplinary notices to employees based on their actions that are deemed to be in

violation of the Collective Agreement, formal Company policies and procedures, or

established rules.

The following two streams of discipline will be established:

1. Minor Infractions of Company policies or rules

2. Major Infractions of Company policies or rules


Verbal warnings will remain active on an employee’s file 6 months from the date that they

are issued.

Written warnings will remain active on an employee’s file 9 months from the date that they

are issued

Unpaid suspensions will remain active in an employee’s file for 12 months from the date that

they are issued.

Type of Warning Length Actively on File

Verbal Warning 6 months

Written Warning 9 months

Unpaid Suspension 12 months

ARTICLE NINE - SENIORITY

9.01 Newly hired employees shall be on probation until they have been employed for one hundred

twenty (120) calendar days for the Company within a six-month continuous period from date of

hire and shall have no seniority rights during this period. Upon successful completion of the

probationary period a new employee shall have his seniority date back-dated to his last date of

hire. During the probationary period, the employee shall be considered as being employed on a

trial basis and may be discharged, laid off and transferred at the discretion of the Company. Any

discharge, lay-off or transfer of a probationary employee shall not be the subject of a grievance

and/or arbitration pursuant to the provisions of this Agreement, nor shall there be any obligation

on the Company to retain the services of such employee or to re-employ him if he is laid-off or

discharged during such period. The discharge of a probationary employee may be for cause or

no cause and entirely with the discretion of the Company. The provisions of this Article will not

be applied in a manner that is contrary to the Ontario Human Rights Code or the provisions of

relevant legislation.

The probationary period may be extended an additional thirty (30) calendar days upon mutual

agreement of the employee, the Union and the Company prior to the expiry of the original

probationary period.

9.02 "Seniority" shall mean an employee's length of continuous employment with the Company in

the bargaining unit. An employee shall accumulate seniority from the date of last hire.

Notwithstanding the foregoing, an employee shall not accumulate seniority during any approved

leave of absence exceeding ninety (90) calendar days but, rather, shall maintain his seniority

until his return from the approved leave of absence, after which he will continue to accumulate

seniority pursuant to this Article.

This article will not be applied contrary to the provisions of the relevant legislation

(ie. ESA/OHRA/WSIB)


9.03 Seniority may be lost and employees may be terminated upon:

(a) quitting

(b) retiring

(c) discharged for any just cause that is not reinstated through the grievance procedure

and/or arbitration

(d) absence from work for more than three (3) scheduled working days without notifying

the Company without just cause

(e) not returning to work after an approved leave of absence without just cause, or taking

another job during leave of absence without prior Company permission,

(f) not returning to work after indefinite lay-off in accordance with the recall provisions, in

article 12. Notice shall be deemed to have been effective 5 working days following the

mailing of a registered letter.

(g) six (6) consecutive months have elapsed from the day of lay-off for an employee with

less than two (2) years of seniority or twelve (12) consecutive months have elapsed from

day of lay-off for an employee with more than 2 years of seniority.

9.04 The Company may withhold an amount of equal value to unreturned Company property from

their final pay cheque, until all of the property is returned. This includes, but is not limited to

keys, tools, pagers, cameras, computers, credit cards, and radios. The Company will notify

employees of the value of the property in their possession.

9.05 Employees promoted to supervisory positions will lose their seniority after one hundred twenty

(120) calendar days. Should he/she return to the bargaining unit within the (120) calendar days,

he/she must return to a permanent vacant position.

9.06 Seniority lists will be maintained by the Company and a copy supplied to the Union and posted

on bulletin board(s) on the first working day after January 1st and July 1st of each year, or as

reasonably requested by the Union.

ARTICLE TEN - JOB POSTING

10.01 Requirement to Post (a) When a new job classification in the bargaining unit is added or additional employees

are required in any job classification above entry level, the Company will post a notice

of the vacancy for a period of seven (7) working days on bulletin boards.

(b) A maximum of two subsequent vacancies created by the placing of a successful

applicant pursuant to Article 10.01 (a) will be posted for a period of three working days

provided the vacancy is above entry level.

(c) The Company may temporarily fill a vacant position at its discretion during the posting

period in order to maintain operational efficiency.

(d) Any job which is going to be temporarily vacant for more than sixty (60) days, when

known, will be posted immediately, per Article 10.01 (a)

(e) If a posting is not filled pursuant to Article 10.01(a), 10.01(b) or 10.01 (d), the Company

reserves the right to hire.


10.02 Job Posting Information (a) Job posting notices will include, but will not be limited to, the department, the nature of

the job, the qualifications required, and processor level.

(b) In addition to the provisions of Article 10.02 (a), temporary job postings will also

include a statement that the position is temporary; will specify an approximate duration;

and, will indicate that the posted assignment will continue until the return of the

incumbent employee.

(c) Should the qualifications for any position which is currently part of the collective

agreement be changed by the Company, the Company will notify the Union prior to the

job posting.

10.03 Eligibility to Apply (a) An employee who wishes to be considered for the position so posted shall signify a

desire by making formal application on the forms supplied by the Company in

accordance with the provisions of the posting.

(b) Employees who have not been hired or posted to their current position within the last

twelve (12) months, will be eligible to make application for any vacant position.

(c) At the sole discretion of the Company, employees may apply for equal or lower

classifications where they may not be permitted to do so under the other provisions of

this article.

10.04 Awarding Job Postings

(a) When filling any posted vacancy under this article, the Company will consider seniority,

training, skill and ability of the individual to perform the normal required work and

where these are, in the opinion of the Company, relatively equal, seniority shall govern.

(b) Where training is offered, those opportunities will be posted and offered based on

seniority, skill and ability.

(c) The Company will post specialized training opportunities bargaining unit wide.

Employees who wish to attend the training on their own time shall be permitted to do so.

This training may include, but not be limited to, forklift operation, first aid training, and

confined space training. The Employer will endeavour to accommodate scheduling

needs for employees who wish to attend the training on their own time. Such requests

will not be unreasonably denied.

(d) The candidates who have posted for and received training under this article will have

this training recognized in any job postings.

(e) The Company will make every effort to place the successful applicant in the new job as

soon as reasonably possible. If the employer is unable to place the successful applicant

in the new position within 30 days of the job posting closing date, the employee will

begin receiving pay at the higher rate.

10.05 Trial Period (a) The successful applicant must remain in the position for a minimum of fifteen (15)

working days.


(b) Should the successful applicant for such vacancy be unsatisfactory, he shall be returned

to his former job within thirty (30) working days with reasons given in writing from his

supervisor and the vacancy will be filled per Article 10.01.

(c) Should the successful applicant wish to transfer back to his former position, he must

notify the Company in writing within thirty (30) working days of starting in his new

position. The vacancy will be filled per Article 10.01.

10.06 Rate of Pay - All postings will result in the successful applicant going to the training rate of the

posted job, and will move to the top rate of the job when the employee can satisfactorily

perform the work required, or upon completing thirty (30) working days in their new position,

whichever occurs first.

10.07 Union Notification - The Union will be provided with a list of all applicants for job postings.

The name(s) of the successful applicant(s) will be posted by the Company. The Company will

advise employees if requested of their status on all job postings to which they have applied.

10.08 Fifteen Year Transfers

(a) The Company will recognize employees who have fifteen (15) years or greater seniority

and who have fulfilled the minimum time requirements in their existing position, to

request a transfer in writing. The request must include the reason for the request, the

targeted Department, and the targeted shift. This application will be considered if a

General Labour vacancy or a position that does not require a posting arises, per Article

10.01, in their targeted department. This application will be considered along with any

other formal applications from employees that bid on postings in their targeted area. If

the employee is not selected for a trial of the new position, their application will be

active and will be considered again at the next opportunity.

(b) When more than one employee submits a written transfer request for the same

Department and shift, and if an opportunity becomes available in that Department and

shift, the applications will be considered in the order that they were received at Human

Resources. If more than one application is received at the same time, they will be

considered in order of seniority.

(c) This transfer may be to another department or position, regardless of classification and

the request may be granted based on seniority, skill and ability at the first available

opportunity.

(d) Should the employee be awarded the transfer, they must remain in the position for a

minimum of fifteen (15) working days as a trial. Should they wish to transfer back to

their former position, they must notify the Company of this request, in writing, within

thirty (30) working days of starting in this new position.

(e) Should the employee be deemed unsatisfactory for the position, they will be returned to

their former job within thirty (30) working days.

(f) Employees who successfully complete their trial, will be required to remain in this

position for two (2) years from initial date of transfer.


10.09 Maintenance Helper Crew

The Employer will have the right to post for a regular weekend/non-production

“Maintenance Helper” crew. This crew will be selected from the existing bargaining unit and

will be provided as hours in addition to their regular weekly shifts. Where such work

qualifies as overtime, it shall be distributed and paid in accordance with Article 23. Such

work will be paid the greater of their regular hourly rate or a Semi-Skilled rate. The employer

will have the right to determine the number of people required for such a crew and will

assign work to the crew in order of seniority as required. The posting will be filled in

accordance with the job posting process outlined in Article 10.

10.10 Service Technician

The parties agree that a new position of “Service Technician” will be posted. Such positions

will not be expected to direct the work of other bargaining unit employees and shall not be

involved in the hiring, discipline, effective recommendation leading to discipline or other

responsibilities of management. The Service Technician position will be part of the Skilled 2

classification. It is understood that skill, ability and relevant experience will be the primary

consideration. Where skill, ability and relevant experience are equal, seniority will be the

deciding factor.

10.11 Training

Where an employee is assigned by management to provide training to an employee for more

than four (4) consecutive hours, they will be provided with a training premium of $0.35 per

hour. It is understood that management will have the discretion to determine who will be

assigned training work. The training employee will not be responsible for decisions or

effective recommendation for decisions related to the performance or evaluation of

employees who have completed the probationary period.

ARTICLE ELEVEN - TRANSFER

11.01 (a) The Company has the exclusive right to temporarily transfer employees within various

job classifications and the right to direct the work function of all employees. Temporary

transfers shall be transfers for sixty (60) working days or less.

(b) When it is necessary to transfer employees as outlined in 11.01(a) for four (4) hours or

more, the work will be offered first to the most senior, qualified employee(s) in order of

seniority, however, if no senior employee accepts the transfer, then the junior qualified

employee(s) will be transferred.

11.02 If the rate of pay for the job to which the employee is temporarily transferred is less than the

employee's regular rate of pay for the job from which the employee has been transferred from,

the employee shall receive his regular rate of pay during such temporary transfer.


11.03 If the rate of pay for the job to which he is transferred is higher than the employee's regular rate

of pay for the job from which he has been transferred, the employee shall receive the training

rate of pay until such time the employee can satisfactorily perform the work required, or 45

days, at which time he shall receive the higher rate of pay for the job to which he has been

transferred.

ARTICLE TWELVE - LAYOFF AND RECALL

12.01 Layoff

(a) In the event a layoff is necessary, the Employer and the union agree to work jointly to

minimize any adverse effects of any layoff to employees, and maximize creative approaches

that meet the interests of both the Employer and the employees.

(b) A layoff for this purpose of the Article shall be defined as no available hours, for affected

full-time employees for more than one shift.

(c) During work shortages of one shift or less the company will make every effort to provide

impacted employees with available alternate work, providing they have the skill and ability

to perform the work.

(d) In the event of a layoff of more than one shift, the most junior full-time employees in the

department will be laid off first provided the remaining employees have the skill and ability

to perform the remaining work.

(e) No new employee shall be hired until those laid off have been given the opportunity to recall.

(f) Employees who have received notice of at least a one full-day layoff, up to a maximum of a

three (3) full consecutive day layoff, will have the option of requesting a vacation day(s), and

vacation pay, at the time of the notice of layoff. Requests for vacation in lieu of layoff will

not be considered after the layoff day has occurred.

(g) If an employee is laid off, he or she will have the option of accepting the lay-off prior to

exercising their seniority rights as follows:

i. A full time employee laid off work in his or her department, shall bump the most junior

full time employee on the shift, provided the laid off employee has the qualifications,

skills and ability to do the work. If the junior employee on the shift is displaced, they

will bump the junior employee in the plant.

ii. Employees on layoff will be recalled in order of seniority provided they have the

qualifications, skill and ability to do the available work. Notice of recall will be delivered

verbally, by telephone, or, if unable to make contact with the employee, by registered

mail or courier to the last recorded address of the employee.


12.02 Benefits

In the event of a layoff of an employee who participates in the benefit plan, the Employer

shall pay its share of the insurance benefit premiums up to three (3) months from the end of

the month in which the layoff occurs, or, until the laid off employee is employed elsewhere,

whichever is first.

12.03 Recall

(a) If the job previously held by the laid-off employee becomes vacant within six (6) months

following the date of lay-off, the laid-off employee shall have the first opportunity to be

recalled into that position.

(b) A laid-off employee shall retain plant recall rights, unless waived, for up to 12 months. The

Local Union President shall be notified and given a list of the names of any employees slated

for lay-offs and expected duration.

(c) In the event of any layoff, the Local Union President, Vice-President and Chief Steward

shall be the last persons laid off and the first persons recalled, provided they have the skill

and ability to perform the available work. In the event of a lay-off, duly elected or appointed

stewards will be the last persons laid off in their department and the first persons recalled to

their department, provided they have the skill and ability to perform the required work.

12.04 Training

It is understood that transition to the new Layoff and Recall language requires that the

company make a good-faith effort to ensure that employees within the same department and

classification have an opportunity to be trained on all required work within that classification.

The company commits to the establishment of a job training committee which will develop a

plan for ensuring that the company delivers on its commitments. This committee will include

the Union President or designate. It will be the objective of the committee to develop a plan

for job training within 60 days following the ratification of the collective agreement and for

that plan to be completed (or be reasonably near to the completion with identified time-lines)

within 6 months following ratification of the new collective agreement.

It is understood that one possible outcome of the committee could be the creation of new jobs

or the upward reclassification of existing jobs.

ARTICLE THIRTEEN - HEALTH AND SAFETY

13.01 The Company will make reasonable provisions in accordance with the Health and Safety Act

for the safety and health of its employees during working hours. Safety shall be the joint

responsibility of the Company, Union and employees.


13.02 A Joint Health and Safety Committee (JHSC) will be established, comprised of up to ten (10)

representatives appointed by the Company and up to ten (10) representatives appointed by the

Union. The Union will appoint a Co-Chair to represent the unionized members.

13.03 The Joint Health and Safety Committee (JHSC) shall meet monthly and shall be co-chaired and

all unsafe or hazardous or dangerous conditions and incidents shall be taken upon and dealt with

at such meetings. The minutes of all Joint Health and Safety Committee (JHSC) meetings shall

be kept and posted. The Union will endeavour to ensure that reps are evenly dispersed across

departments. All Joint Health and Safety Committee members will be made available to attend

the monthly meetings. If the committee agrees that a Joint Health and Safety Committee (JHSC)

meeting is not necessary that month, a meeting can be cancelled for that month only, but

meetings must be held at least quarterly. The Union pre-meetings will still be held monthly.

Based on a demonstrated need, the Employer will schedule an appropriate amount of time off

for the Certified Worker Representative/Co-chair to perform his/her duties related to the Joint

Health and Safety Committee.

13.04 The Joint Health and Safety Committee shall be notified in writing of each lost time accident or

injury. The Joint Health and Safety Committee shall investigate and report its findings to the

Company and the Union, with the intent being to prevent future accidents.

13.05 An employee who is injured during working hours and is required to leave for treatment of such

injury, shall receive payment for the remainder of the shift at their hourly rate of pay on the day

of the injury, unless the doctor states the employee is fit for further work on that shift.

13.06 The Company shall provide transportation to and from the place of treatment or hospital in

accordance with the WSIA.

ARTICLE FOURTEEN - HUMAN RIGHTS

14.01 (a) The Employer agrees that there will be no discrimination, intimidation, interference,

restraint or coercion exercised or practiced by the Employer, or any of its

representatives, with respect to any employee because of their membership in, or

connection with, the Union.

(b) The Union and the Employer agree that management and employees will abide by

the Ontario Human Rights Code and further agree that all individuals in the

workplace should be treated with respect and shall not be subject to harassment or

workplace bullying of any type by an individual or group of individuals.

Harassment for purposes of this agreement shall mean “engaging in a course of

vexatious comment or conduct that is known or ought reasonably to be known to be

unwelcome.” Subject to the outcome of the investigation under the Company’s

harassment policy, alleged violations of this provision are subject to the grievance

procedure.


14.02 Complaints of alleged harassment or discrimination against any member of the Union will be

handled with all possible confidentiality by a joint Committee consisting of the Union President

or designate and Human Resources.

ARTICLE FIFTEEN - BULLETIN BOARD(S)

15.01 The Company will provide bulletin board(s) in a mutually satisfactory location on the premises

of the Company for the convenience of the Union for posting notice of Union activity. All such

notices or other literature must be signed by the proper officers of the Union prior to their being

posted or distributed.

ARTICLE SIXTEEN - LEAVES

16.01 Employees who have at least two years seniority may be granted a personal leave of absence

without pay for good and sufficient reasons. Each request will be handled by the Company on

an individual basis depending upon the circumstances for the request and the production

requirements of the Company. Leave of absence will not be granted for the purpose of allowing

an employee to take another position temporarily, or to try out new work, or venture into

business for himself. The Company must be given written notice, on the prescribed form, of

such a request. A leave of absence is not to exceed three (3) calendar months for any reason.

Extenuating circumstances will be dealt with at the sole discretion of the Company.

When an employee returns to work following a leave of absence, he will either be placed on his

previous job or, if redundant, alternate work of a comparable nature if available.

Such approval will not be unreasonably denied and subject only to operational requirements

16.02

(a) The Company will grant a Pregnancy and/or Parental Leave without pay in accordance

with the provisions of the Employment Standards Act.

(b) The Company will grant a Family Medical Leave without pay in accordance with the

provisions of the Employment Standards Act.

(c) The Company will grant an Emergency Leave without pay in accordance with the

provisions of the Employment Standards Act.

16.03 Benefits on Leave

During any approved leave of absence, the Company shall continue to make payments on behalf

of the Employee for all applicable group benefit plans for a maximum period of ninety (90)

calendar days. The employee will be obligated to reimburse the Company for the premium

costs of benefits after the first ninety (90) days. This reimbursement will be by way of payroll

deduction upon the employee’s return to work. These deductions will be at a rate of twice the

normal benefit premium deduction until the full amount owing is repaid. The employee will be

given the option of providing monthly post-dated cheques, for the amount equivalent to the

monthly benefit premium owed by the employee, to the Company prior to his leave

commencing.


16.04 For all absences due to illness or injury for five (5) or more consecutive working days, a medical

certificate setting forth the prognosis must be provided by the employee within twenty-four (24)

hours of that five (5) day period (i.e. on the 6th day). The employer may request a medical

certificate for absences of less than five (5) days, if there is some question as to the validity of

the absence. Failure to provide such a medical certificate may, at the Company’s sole

discretion, result in disciplinary action.

16.05 The Company shall pay 100% of all medical documentation required by the Company relative

to function ability evaluations (specifically set up by the Company), independent medical

examinations and specific detailed medical reports requested by the Company. All other notes

related to absence will be at the employee’s expense.

16.06 Union Leave (a) The Employer shall grant leaves of absence to employees to attend Union

conventions, seminars, education classes or other Union business. The Union

agrees that such leave will not unduly affect the proper operations of the Employer

and in any event no more than three (3) employees will be on leave at any given

time. The Employer may authorize leaves of absences to more than three (3)

employees at any given time subject to operational requirements.

(b) In requesting such leave of absence, the Union will give fourteen (14) days clear

written notice and the written reply will be given within seven (7) days. Seniority

and service shall accumulate during such leave to a maximum provided, if any,

under the provisions of the Collective Agreement.

(c) Upon application by the Union, in writing, the Employer will give reasonable

consideration to a request for leave of absence, without pay, to an employee

elected or appointed to a full-time Union position as an Officer or Representative

or to the staff of the Canadian National Federation of Independent Unions. It is

understood that not more than two (2) employees in the bargaining unit may be on

such leave at the same time. Seniority shall be frozen and retained as of the date

that the leave commenced.

(d) Should the Union leave exceed six (6) months, the parties agree to enter into a

letter of understanding concerning the conditions of employment and leave of

absence.

(e) When an employee is on Union leave as set out in this Article, the Employer

agrees to continue to pay the employee for regularly scheduled time and bill the

Union for appropriate wages and benefits. However, if the Union wishes to pay

the employee directly, the Union will advise the Employer of their intention.

(f) The Union agrees that such leave will not unduly affect the proper operations of

the Employer and in any event no more than six (6) employees will be on leave at

any given time.


ARTICLE SEVENTEEN - VACATIONS

17.01 As of January 1st in each year, employees are entitled to the following:

(a) one (1) complete year but less than five (5) complete years of continuous service with

the Company shall receive two (2) weeks vacation with pay equal to four (4) percent of

their total wages for the previous year

(b) five (5) complete years but less than ten (10) complete years of continuous service with

the Company shall receive three (3) weeks vacation per year with pay equal to six (6)

percent of the amount of the employee's total wages in the previous year

(c) ten (10) complete years but less than twenty (20) complete years of continuous service

with the Company shall receive four (4) weeks vacation per year with pay equal to eight

(8) percent of the amount of the employee's total wages in the previous year

(d) more than twenty (20) years of continuous service, but less than twenty-five (25), with

the Company shall receive five (5) weeks vacation per year with pay equal to ten (10)

percent of the amount of the employee’s total wages in the previous year.

(e) Employees with seniority date prior to March 31, 2012, with more than twenty-five (25)

years of continuous service, with the Company shall receive six (6) weeks vacation per

year with pay equal to twelve (12) percent of the amount of the employee’s total wages

in the previous year.

17.02 The term total wages does not include the previous year's vacation pay.

17.03 When scheduling vacation time as set out in Article 17.01, the following will apply:

(a) The calendar year, January through December, will be used as the scheduling year;

(b) Employees will not be allowed to take vacation that is not yet earned;

(c) Employees must take at least one whole week of vacation annually, as well as sufficient

unscheduled work days to at least equal a total of two weeks per year;

(d) Employees will be allowed to a maximum of two (2) weeks vacation to be taken during

the period June 1 through August 31, except in circumstances where an open period is

available;

(e) In the calendar year in which the entitlement increases, the employee may request the

scheduling of the additional week at any time during the calendar year;

(f) Only vacation pay earned may be used when taking vacation, and vacation pay being

accrued for the following year may not be used;

(g) The Company will post the vacation schedule by November 1st of each year for

vacation for the following year. Employees must register their preference by December

1st. In the first round an employee must book a minimum of two (2) weeks if entitled.

They may book all of their vacation if they wish, with a maximum of two (2) weeks

being scheduled between June 1 and August 31. Any vacation entitlement over two (2)

weeks may be carried into the second round.

As of December 30th

an updated schedule will be posted and employees will be

allowed to register their remaining vacation up to January 30th.

Available vacation

will be scheduled in order of seniority for the weeks requested. Only one (1)


additional week may be booked between June 1st and August 31

st if time is available.

All other parameters will apply.

A final vacation schedule will be posted by February 15th

of each year. The

Company maintains the right to schedule and assign and wherever possible, seniority

will govern. Following the posting of the final vacation schedule, any requests for

vacation in excess of 3 weeks between June 1st and August 31

st must be submitted in

writing within seven calendar days and may be granted at management’s discretion.

Should an employee who has approved vacation leave the department for any reason

before taking their approved vacation, their vacation period will be considered “open”

and employees who have unscheduled vacation time available are entitled to take

vacation during the available open period based on a first come first served basis,

provided that the employee does not exceed a maximum of 3 weeks of vacation

during the period of June 1st to August 31st.

Should an employee transfer from one department to another prior to taking their

approved vacation, the Company will recognize the approved vacation within the new

department and the employee will be entitled to vacation during the previously

approved time period.

(h) Employees will be paid their vacation pay at the time of taking their vacation. It is the

responsibility of the employee to request their vacation pay, in writing and on the

prescribed form to be provided to their supervisor at least seven (7) days prior to the

start of their vacation. This form must be received by Payroll at least seven (7) days

prior to the scheduled vacation. Upon proper notice within the prescribed timelines,

the Company will provide each employee with his vacation pay on the pay day

immediately preceding his vacation. If proper notice is not provided, the vacation

pay will not be paid until the first pay following the vacation period.

Any unused vacation pay accrual must be paid out on the first pay following

December 31st of each year. No carryover will be allowed.

17.04 An employee, who terminates his employment, for whatever reason, shall be paid his vacation

pay in accordance with Employment Standards Act.

17.05 On the death of an employee, the vacation pay shall be paid to an employee's estate in

accordance with all applicable laws and statutes.

17.06 Vacation time shall not be accumulated from year to year.

17.07 The Company will identify employees who are on vacation and who would return to work on

the Monday following vacation and whose normal shift start time would be changed or whose

shift for that Monday would be cancelled resulting in no work for the day. The Company will

contact by telephone each employee on the list before 8 p.m. on the Sunday preceding the

Monday shift at hand. The telephone number will be the number on file as provided by the


employee. The number will be called and, if there is no answer, a message will be left on an

answering machine (if available). The employees recognize their obligation to keep the

Company informed in writing of a current telephone number, and the Company will make its

best effort to reach the employee.

ARTICLE EIGHTEEN – STATUTORY HOLIDAYS

18.01 The following shall be recognized as holidays to be paid a day's normal earnings at straight time

regular rate:

New Year’s Day

Family Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

Providing the following conditions have been met:

(a) He is on the active payroll of the Company and not on leave of absence, sick leave,

Workers Compensation or lay-off

(b) In the case of an employee who has been employed less than twenty (20) working days,

the amount to be paid will be calculated in accordance with the Employment Standards

Act.

(c) Has worked the last full scheduled shift before and the first full scheduled shift after

such holiday and works on such holiday he is scheduled to work, unless excused by the

Company and is not late by more than thirty (30) minutes with call-in prior to shift start

or six (6) minutes without calling in prior to shift start, without just cause.

In the event that a lay-off commenced on the day immediately following a paid holiday, an

employee, who otherwise qualified for holiday pay, shall not be disentitled thereto solely

because of the day on which the layoff commenced.

Should the statutory holiday fall on a non-working day the employer will consult with the Union

prior to scheduling the holiday.

If any of the above holidays fall or are observed during an employee's vacation, he shall be

entitled to an extra day's pay at straight time regular rate or an additional day off with pay at

straight time regular rate, at a time mutually agreed upon by the employee and the Company,

subject to the provisions of the Employment Standards Act.


The employer will advise the Union and employees at least sixty (60) days prior to the statutory

holiday.

Beginning January 1, 2013, employees will be entitled to one (1) floating holiday per

calendar year. The floating holiday must be taken at a time mutually agreed upon between

the employee and the company based on the needs of the business. It is understood that

floating holidays will not be granted during the festive periods. Floating holidays cannot be

carried over and will not be paid out if not taken.

The Company reserves the right, prior to January 1 of each year, to fix the floating holiday to

a specific day for all plant employees.

18.02 Employees who are required to work on any of the above holidays will receive another working

day as substitute for the holiday, at a time mutually agreed upon by the Company and the

employee, subject to the provisions of the Employment Standards Act. Substitute Holidays

shall be taken off on a mutually agreeable day in accordance with the Employment Standards

Act.

ARTICLE NINETEEN - JURY DUTY

19.01 An employee who is selected for service as a juror or as a crown witness will be compensated

for loss of pay from his regularly scheduled shift due to such service. Such compensation will be

based on his regular scheduled hours at his regular straight time hourly rate less the fee received

for his services as a juror. However, should the employee present himself for selection as a juror

and not be selected then he is required to return to the premises to complete his remaining

normally scheduled work day.

19.02 In order for an employee to qualify for payment under this Article, he must:

(a) inform his supervisor within twenty-four hours of his selection as a juror or being

subpoenaed as a crown witness

(b) when released from service as a juror and four hours or more remain in the employee’s

regularly scheduled hours, he must return to work to complete his remaining normally

scheduled work day

(c) provide an official document to the Company indicating the date of his service as a juror

or crown witness and the fee received for his services as juror, and

(d) have completed his probationary period.

ARTICLE TWENTY – BEREAVEMENT

20.01 The Company shall pay an employee up to three (3) days' pay at the employee's straight time

hourly rate for all scheduled regular time lost in the event of the death of the employee's spouse

(legal or common-law), father, mother, step-mother, step-father, legal guardian, child, step-

child, brother or sister, father-in-law, mother-in-law, grandchild.


For the purposes of this article only common-law relationships will be defined according to

the parameters provided by the Company’s group benefit carrier for purposes of dependant

eligibility (currently six (6) months of cohabitation). A member of the Human Resources

Department may request proof of common-law status.

The Company shall pay one (1) day’s pay at the employee’s straight time hourly rate for all

regular time lost in the event of the death of the employee’s grandparent or sister-in-law,

brother-in-law, step-sister or step-brother.

The Company recognizes current common-law relationships only. All previous relationships

(legal or otherwise) are not recognized.

When an employee experiences a miscarriage or his spouse experiences a miscarriage, one

(1) day of bereavement leave will be granted.

20.02 Employees must be on the current payroll and have completed their probationary period. An

employee will not be eligible to receive payment under this Agreement for any period for

which he is receiving other benefits in the form of specified holiday pay, sick benefits, or loss

of earnings reimbursement from the Workplace Safety and Insurance Board.

If an employee is on a scheduled vacation and becomes entitled to bereavement leave, the

Company will credit the employee with up to three (3) vacation days in keeping with Article

20.01 to be used at a future mutually agreed upon date. The said employee must provide

documentation satisfactory to the Company in order to receive the up to three (3) days in

keeping with Article 20.01.

20.03 Additional leave without pay may be granted, at the sole discretion of the company, and will be

considered to be bereavement leave without pay.

ARTICLE TWENTY-ONE - REPORTING PAY AND CALL-IN ALLOWANCE

21.01 Unless employees are notified not to report for work, employees who report for work at their

regular starting time and for whom no work is available, will be offered at least four (4) hours

employment at other work at his regular hourly rate of pay or at the election of the Company he

will be paid a minimum of four (4) hours pay at this regular hourly rate. The provisions of this

paragraph shall not apply in the event of strikes, power, water or air failure or any other

conditions beyond the control of the Company which prevent the Company from providing

work, or where the Company is unable to advise the employee or leave a message not to report

for work because the employee has not provided his current address and telephone number in

writing and on the prescribed form to the Company.

21.02 An employee who is called in and reports for work outside his regularly scheduled hours of

work will be paid at time and one half for all hours worked outside of their regularly scheduled

hours of work or three (3) hours pay at his straight time hourly rate, whichever is greater. This

clause shall not apply to an employee who is called in early to perform work which continues

into his regularly scheduled starting time.


ARTICLE TWENTY-TWO - GROUP BENEFITS

22.01 Unless otherwise stated in this Agreement, when a seniority employee is absent from work for

any reason, for a period in excess of six (6) continuous months, the Company will cease its

contributions for group benefit plan coverage for the absent employee, and the employee’s

benefit coverage will cease. The group benefit coverage shall be as more particularly described

and set forth in the respective plan documents and policies of insurance. Group benefits plan

coverage will not be provided to those employees who are on strike.

The Company will allow an employee who is off work for greater than six (6) month to request

benefit continuation at the employees expense (to include the employer’s portion of the

premium). This benefit may continue for a maximum of an additional six months. The

employee requesting this benefit in writing, will be required to provide the Company with a

money order or certified cheque for the premium amount prior to this benefit being granted.

22.02 (a) Any dispute over payment of benefits under such plans or policies shall be adjusted

between the employee and the insurer concerned. The Company will use its best efforts

to adjust and settle any such disputes.

(b) Upon completion of six (6) full months of continuous employment, new hires will be

eligible for Life Insurance, AD&D, Out-of-Province Medical Coverage, Extended

Health, Drug Benefit, and the Employee Assistance Program. New hires will be

eligible for Dental, Vision Care and Weekly Indemnity after completion of one (1)

year of active employment.

Life Insurance

$50,000 with Accidental Death and Dismemberment.

Weekly Indemnity

Company pays 50% of monthly premium. 60% of average weekly earnings for a maximum

period of 17 weeks. Earnings to be taxed at source.

Private Hospitalization Major Medical

100% reimbursement of prescribed drugs and other expenses.

Vision Care

$200 maximum reimbursement every 24 calendar months for prescription glasses (frames and

lenses) per family member

$75 maximum reimbursement every 24 calendar months for eye examinations, per family

member

On a once only basis, the vision care reimbursement of $200 can be applied to laser eye

surgery upon submitting a receipt for the laser surgery. The employee and/or their dependant


family member(s) must be eligible for the $200 vision care reimbursement in order to qualify

for this benefit.

When the Company deems that an employee is required to wear safety eye protection, and the

only safe option is prescription safety glasses, the Company agrees to provide one pair of

prescription safety glasses (frames and lenses only) to that employee, and will replace them if

damaged during the course of their employment. Eligible employees must request the applicable

paperwork from the Human Resources Department, before ordering their glasses.

Dental Plan

100% reimbursement based on O.D.A. fee schedule of one year behind current calendar year.

Major Restorative - 50% reimbursement, maximum $2,000 per family

Orthodontics – 50% reimbursement, maximum $3,000 lifetime, per child under age 16

Dentures – maximum of $1,500 reimbursement every three years

Employee Pension Plan

Effective April 1, 2011, the Company will contribute $0.70 to a Group Retirement Savings Plan

or Pension Plan for all hours paid to eligible employees.

Effective April 1, 2013 the company will contribute $0.73 cents per hour. Effective April 1,

2014, the company will contribute $0.76 cents per hour.

Employees who are entitled to three (3) weeks vacation or greater, will continue to receive the

RSP contribution based on a forty (40) hour work week for each week they are off on vacation,

after they have used two full weeks of their vacation entitlement.

(a) Employees are eligible to join with two (2) years active employment. Effective April

1, 2010, employees with one full year of continuous employment will be eligible to

participate in the employee pension plan.

(b) Plan will be fully vested in employee at all times

The Company reserves the right to select and change carriers.

Employee Assistance Program

The Employer will provide a confidential Employee Assistance Plan available to all

employees and their dependents.

Enrolment Documentation

Employees are required to complete all enrolment documentation upon notification of eligibility

by the Company. Failure to do so will result in delayed benefits coverage and delayed

contributions to the savings/pension plan. Benefit claims will not be processed retroactively.

Savings plan contributions will not be made retroactively. The Employer will give all eligible

employees sufficient notification of their requirement to complete enrolment documentation and


will further notify employees when their benefit coverage and savings/pension contributions

will be delayed.

ARTICLE TWENTY-THREE - HOURS OF WORK, REST PERIODS AND OVERTIME

23.01 The normal work week is Monday to Friday. Starting and quitting times with breaks will be

determined by production demands and will be set by the Company. Should the employer

implement significant changes, such changes will be reviewed with the Union.

(a) In the event that the company wishes make significant changes to schedules of production

employees outside the confines of the above language, in order to better meet the demands of

the business, the company will first meet with the union to review the company’s plans and

explain the reasons for the change. Following such consultation, if such changes are to be put

in place, the company will provide affected employees with at least sixty (60) days’ notice of

the change, and will use the principle of seniority (“offer by seniority, assign in reverse

seniority”) in order to fill the new shifts.

(b) For employees of the maintenance department, the normal work week will consist of forty

(40) hours per week, Sunday through Saturday. The employer will maintain a regular

schedule of work for each maintenance employee with at least two (2) consecutive days off

per week. Daily schedules may be eight (8), ten (10) or twelve (12) hours per day. Changes

to existing shift schedules will be posted and filled in accordance with Article 10.

(c) For production employees hired after date of ratification, April 18, 2012, the normal work

week shall consist of forty(40) hours per week, Sunday through Saturday, with normal daily

schedules of between 8 and 10 hours per day, and shall not be construed as a guarantee of

hours of work per day or week, nor a guarantee of a working schedule. The normal work

week shall be scheduled as five (5) working days and two (2) consecutive non-working days

between Sunday and Saturday of a given week. For such employees, the Employer agrees

that the sixth (6th) and seventh (7th) shift worked in any regular work week shall be paid

overtime per Schedule A – Overtime Provisions.’

23.02 The Company does not guarantee to provide work for an employee for any specified number of

hours on either a daily or weekly basis, except as set out elsewhere in this Agreement.

23.03 The company and the union recognize that, from time to time, employees may be required to

work overtime. Where overtime is required, the employer will first seek volunteers within the

department, followed by qualified volunteers outside the department. If no qualified

volunteers are available the employer will assign the work to qualified employees within the

department in reverse order of seniority. It is understood that mandatory overtime shall not

exceed 8 hours per work week (including Saturdays) and will not include overtime work to

be performed on a Sunday. Where the mandatory overtime is to be less than one (1) hour

following the end of shift, the company will have the right to assign the work to the

employees currently performing the work.


The company will make every reasonable effort to provide as much notice as possible of

mandatory overtime. In any event, mandatory Saturday work will only be scheduled with

twenty-four (24) hours of noticed. Except for situations of live bird issues, at least four hours

of notice will be provided for weekday overtime of more than one (1) hour

23.04 It is agreed there shall be no pyramiding of overtime provisions.

23.05 (a) Employees will receive one (1) paid twelve and one half (12 ½) minute rest period (as

time of leaving work station to starting to work again) during each half shift and one

(1) unpaid thirty (30) minute lunch period for each eight (8) hour shift. The second

paid twelve and one half (12 ½) minute rest period shall be granted after completion

of seven (7) hours of work (excluding the half hour unpaid lunch period). This would

apply to all employees regardless of the start time.

(b) A paid twelve and one half (12 ½) minute rest period shall be granted prior to

commencing overtime, providing the overtime shall be of two (2) hours duration or

more.

(c) Employees working a full scheduled twelve (12) hours shift will receive two (2) paid

thirty minute rest periods.

(d) The Company reserves the right to set break schedules depending on the needs of the

operation, but will make best efforts to maintain a balanced schedule of breaks within

each shift.

(e) Upon mutual agreement between affected employees, the Company, and the Union

this Article may be altered as needed.

(f) The company will not force employees to use their rest period in the first ninety (90)

minutes of a scheduled shift, nor in the first ninety (90) minutes following the

scheduled meal period.

23.06 The Company and the Union agree that for the purposes of applying the afternoon and night

shift premium to eligible employees, the following parameters will apply:

Hours between 7:00 a.m. and 3:00 p.m. are considered day shift

Hours between 3:00 p.m. and 11:00 p.m. are considered afternoon shift

Hours between 11:00 p.m. and 7:00 a.m. are considered night shift

When a shift premium is payable, it will be applied to all hours worked on that day.

Shift premiums will be paid at 100% for all hours worked, including overtime hours.

If all of an employee’s hours worked are within the afternoon shift or the night

shift, they will be paid the afternoon or night shift premium.

If an employee’s hours worked span across more than one shift, shift premium will

be based on working a minimum of five (5) hours in a premium based shift. For

example, if the employee works an eight (8) hour shift and three (3) of the hours

are within the day shift, and five (5) of the hours are within the afternoon shift,

they will receive the afternoon shift premium for all hours worked. If an employee


works an eight (8) hour shift and four (4) of the hours are within the day shift, and

four (4) of the hours are within the afternoon shift, they will not receive a premium

as all hours worked will be considered a day shift.

SCHEDULE A

Effective within three (3) months following the date of ratification, the plant will move to the

following job classifications in lieu of the current classification titles:

New Hire

General Labour

Semi-Skilled

Skilled 1

Skilled 2

It is understood that all jobs currently in the Processor 1 and Processor 2 classification as of the date

of ratification will be combined into the General Labour classification which will be paid as per the

current Processor 2 classification. The current list of jobs categorized (eff. date of ratification) as

Processor 3, Processor 4 and Processor 5 will become Semi-Skilled, Skilled 1 and Skilled 2

respectively (rename as required throughout the Collective Agreement).

New Hires will be assigned where needed within the GL classification, provided the company

continues to follow the job posting procedure for all vacated jobs, as per Article 10. New Hires will

be paid as follows (subject to general increases effective date of ratification):

Start Rate: $15.89

End of Probation: $16.09

8 Months of Service: $16.24

12 Months of Service: $17.77

Upon reaching twelve (12) months of service, the employee will become a General Labourer,

provided they have not already successfully posted into a higher-rated vacancy.

SCHEDULE A - OVERTIME PROVISIONS

(a) Turkey Processing Plant Employees:

i) Time and one-half an employee's straight time hourly rate for all hours worked in

excess of eight (8) hours per day or on Saturdays.

ii) Double an employee's straight time hourly rate for all hours worked on a Sunday.

(b) Transfer Station Employees:


excess of eight and one half (8 ½ ) hours per day or on Saturdays.

ii) Double an employee’s straight time hourly rate for all hours worked on a Sunday.


(c) Finished Product Drivers:


excess of eight and one half (8 ½ ) hours daily or on Saturdays.

ii) Double an employee’s straight time hourly rate for all hours worked on a Sunday.

(d) Stockroom, Grounds Maintenance, Washbay, and Heavy Equipment

Operators:

i) Time and one-half an employee’s straight time hourly rate for all hours worked in

excess of eight and one half (8 ½) hours daily or on Saturdays.

ii) Double time for hours worked on Sunday provided it is not part of a scheduled,

normal shift, and that Saturday preceding is worked, if required.

(e) Fabrication, Electrical, Maintenance/Millwrights, Garage:

i) The Employer agrees that the sixth (6th) shift worked in any regular work

week shall be paid overtime - time and one-half an employee’s straight time

hourly rate for all hours worked in excess of eight (8) hours daily or on the 6th

day of their shift.

ii) Double time for hours worked on their seventh (7th) day provided it is not part of

a scheduled, normal shift, and that the sixth (6th) shift preceding is worked, if

required.

ARTICLE TWENTY-FOUR – OTHER BENEFITS

24.01 Footwear Allowance is as follows:

Where the Company requires approved safety or specialty footwear to be worn as a condition

of employment, the employee is required to purchase and maintain this footwear, and to

replace the footwear as required to meet safety standards. An employee will not be permitted

to work if the proper approved and maintained footwear is not worn, and will not be paid for

any loss of income as a result of not having appropriate and maintained footwear as required.

The Company will provide an annual allowance to assist with this expense as detailed in this

article. This allowance will be paid on the first pay date following May 1st of each calendar

year.

Employees must have completed their probationary period prior to the date of payout in order

to be eligible for this benefit. If the probationary period has not been fulfilled, the employee

will not be entitled to any allowance until the next payout date.

(a) Turkey Plant Employees:

$130 (annually) to affected employees with seniority

Effective April 1, 2013 - $140.00



(b) Sanitation and Transfer Station Employees:

$150 (annually) to affected employees with seniority



(c) Skilled Trades Employees:

$150 (annually), to affected employees with seniority



(d) Live Haul, Washbay, and Stockroom Employees:

$115 (annually), to affected employees with seniority



Effective April 1, 2013, The parties agree that the safety footwear allowance is intended only

to provide for appropriate safety footwear for employees. In the event that required footwear

is provided at no cost to the employee, such employees will not qualify for a safety shoe

allowance. Furthermore, the parties agree that the company reserves the right to provide the

safety shoe allowance as an available credit with a designated vendor in lieu of an annual

payment.

24.02 Clothing allowance is as follows:

(a) Turkey Processing Plant Employees:

i) All shop coats/aprons supplied and laundered

ii) Live Receiving employees coveralls supplied and laundered

iii) Employees with Evisceration as home department, allowance of $50.00 for

each seniority employee as at, and paid on, first full pay day following May 1st

annually, Effective April 1, 2013, this will no longer apply for Evisceration

Employees.

iv) Company agrees to provide employees in the Fresh Pack Department with one

(1) insulated coat, to be issued on a replacement basis (original coat must be

returned for exchange)

v) A pair of insulated coveralls will be made available to Q.A. and Sanitation

departments for employees who are required to enter the freezers.

vi) Freezer suits will be supplied to the Shipping Departments for those employees

who are required to work in the freezers. (Two piece suits, similar to those

used by Forklift operators in TVP)

(b) Transfer Station Employees:

i) All clothing supplied and laundered

(c) Finished Product Drivers:

i) One-half cost of two (2) pants, one (1) jacket and four (4) shirts per year


(d) Skilled Trades, AZ Drivers, Semi-Skilled Employees:

i) Head gear

ii) Sleevelets

iii) Gloves

iv) Three (3) pairs coveralls

v) And other articles deemed necessary to perform the job from time to time. Such

shall remain the property of the Company and shall not be removed from the

Company’s premises and must be returned for new issue or upon separation of

the employee. The above articles not returned when worn out or upon separation

will be paid for by the employee. Twice per year the Company agrees to make

available special purchase of coveralls (only one to be insulated) to all employees

at cost.

24.03 Tool Allowance is as follows:

(a) Garage Employees:

i) Apprentice - Reimbursement of a percentage of tradesperson rate per the wage

rate annually

ii) Tradesperson - Reimbursement of $550 annually

(b) Electrical Employees:

i) Apprentice - Reimbursement of a percentage of tradesperson rate per the wage

rate annually


(c) Fabrication Employees:

i) Reimbursement of $300 annually for tool replacement

(d) Maintenance Employees:

i) Apprentice - Reimbursement of percentage of tradesperson rate


Any other applicable employees will receive tool replacement for any personal tool broken or

damaged during the course of their employment.

The Company agrees to provide calamity replacement insurance for employees’ personal tools

with a $250 deductible.

24.04 Meal Allowance is as follows:

(a) Finished Product Drivers:

i) If leaving before 5.00 a.m., a breakfast allowance of $5.00 is available.

ii) If away from home base for a full eight (8) hour period after 5.00 a.m., a lunch

allowance of $6.00 is available.

iii) If overnight stay is required, a supper allowance of $11.00 is available.


(b) Heavy Equipment Operators:

i) If the pick-up location requires an overnight stay away from home, meal

allowance of $5.00 for breakfast, $6.00 for lunch, and $11.00 for supper will be

available based on actual meals required.

ii) If the pick-up location requires a work period of 10 hours or more, a flat meal

allowance of $5.00 will be available.

(g) Live Haul Drivers:

i) In the event a live haul driver is unable to return to the work site on a run due

to road closures as the result of inclement weather, the company will reimburse

that driver for motel accommodation and will provide a $10.00 meal allowance

for each meal upon submission of receipts.

24.05 Annual Medicals for AZ Drivers

The Company will pay $40 of the annual cost of AZ Drivers medicals.

ARTICLE TWENTY-FIVE – Wages and Classifications

SCHEDULE A Turkey Processing Plant

Processor 1 – Rates April 1, 2012 April 1, 2013 April 1, 2014

New Hire 16.24 16.59 16.94

End of Probation 16.44 16.79 17.14

8 Months of Service 16.59 16.94 17.29

12 Months of Service 18.12 18.47 18.82

April 1, 2012 April 1, 2013 April 1, 2014

Train End

of

Prob.

Top Train End of

Prob.

Top Train End of

Prob.

Top

General Labour 17.71 17.91 18.12 18.06 18.26 18.47 18.41 18.61 18.82

Semi-Skilled 18.12 18.32 18.55 18.47 18.67 18.90 18.82 19.02 19.25

Skilled 1 18.55 18.75 18.98 18.90 19.10 19.33 19.25 19.45 19.68

Skilled 2 18.98 19.18 19.42 19.33 19.53 19.77 19.68 19.88 20.12

Notes:

a) New employees in Processor 1 positions will be paid according to the table above.

b) New employees in General Labour or above positions will be paid according to the table

above, and will move to the top rate after they complete twelve (12) months of

employment.


Job Classifications:

General Labour

Pinner Fecal Washer Cord Puller

Heart Harvester Gizzard Cleaner Parcel Inserter

Bagger Parcel Machine Operator Dip Tank Loader

Tank Washer Bag Supplier Box Lidder

Empty Box Handler General Labourer (FP Plant) Back Wizzards

Breast Inspector Brine Tank Drum MT Knuckle Remover

Drum MT Wizzard Flank Meat Cutters Floor Cleaner

Leaf Fat Puller Skin Defatter Machine Operator

Thigh Inspector Thigh Loader Wing/Drum Separator

Breast Wizzards Harvest Hanger

Oil Sac Remover Shipping Clerk Picker Hanger

Neck Slitter Crop Puller Drawing

Vent Cutter Top Hole Cutter Thigh Skinner Operator

Vacuum Gun Operator Cavity Inspector Cryovac Machine Loader

Trusser Wing Shaper Scale Operator

Box Maker Box Piler (Stacker) Neck Cutter

Evis. Utility Person Salvage Trimming Thigh Boner

Drip Line Loader (lower

Cryovac)

Equipment Operator (FP Plant) Cone Line Loader

Tendon Puller Skin Puller Scap Puller

Custodian Inside Brine Tank Barrel Removal

Bird Halver Box Scale Operator Breast Grader Operator

Breast Removal Breast Trimmers Wing/Drum Cut Up

Cut Up/Off Leg Processor Drum Deboner Operator Harvest Hanger

Keel Cutter Equipment Operator (FP Plant) Parts Boxer

Shoulder Cutter Skin Scorer Skin Trimmer

Thigh Blood & Bone Chips Thigh Grader Operator Thigh Trimmer

Wash Bin Recovery Wing Cutter Wing Drum Grader Operator

Tow Motor Runner Tail Cutter Tank Dump Operator

Stockroom Grounds Maintenance Washbay

Semi-Skilled

Leg Process Operator Trimmer (Evis.) Grader

Cryovac Trimmer Breast Shaper QualityAssurance Technician

Batch Operator Cook Room Personnel Rehang

Injection/Tumbling FP Plant Knife Sharpener Roast Coordinator

Combo Assemb. Dark Side Cook Room Operator

Combo Assembler


Skilled 1

Forklift Operator Live Bird Sticker Packer

Q.A. Technician (after training) Picker Room (Utility) Swing Crew

Cavity Detector Chiller Operator Batching/Injection

Sanitation ** Transfer Station

** Effective April 1, 2013 move to Skilled 1 from Semi-Skilled

Skilled 2

Live Bird Hanger*

* Live Bird Hanger premium will be paid as $0.20/hour for all hours worked hanging birds

Shift Premiums:

$0.30/hour for afternoon shift

$0.40/hour for night shift

Effective the pay period following ratification, all full-time permanent employees in the South Plant

who are not permitted to leave the plant during their lunch period, will be entitled to a thirty cents

($0.30) per hour worked premium on their base rate.

In the alternative, if employees are allowed to leave the plant during their lunch period, they will

forfeit the premium above.

SCHEDULE B Garage, Service, Fabrication, Maintenance/Millwright,

Electrician, Handy Person, and Heavy Equipment

LEVEL RATE CRITERIA

April 1,

2012

April 1,

2013

April

1, 2014

Service, Fabrication, Handy

Person & Heavy Equip 22.63 22.98 23.33

Hire, no

certificate


Person & Heavy Equip

23.98 24.33 24.68

End probation, no

certificate


Person & Heavy Equip

26.13 26.48 26.83

Hire, with

certificate



Person & Heavy Equip 27.43 27.78 28.13

End probation,

with certificate

Garage,

Maintenance/Millwright,

Electrician 22.63 22.98 23.33

Hire, no

certificate

Garage,


Electrician 23.98 24.33 24.68

End probation, no

certificate

Garage,


Electrician 26.13 26.48 26.83

Hire, with

certificate

Garage,


Electrician 27.43 27.78 28.13

End probation,

with certificate

Notes:

a. Progression through levels is subject to meeting criteria and job performance

requirements.

b. Apprentice employees will be paid the rates of pay as provided in their individual

apprenticeship agreement.

c. Employees receiving the certificate rate of pay must maintain valid certification. They

are required to provide a copy of their valid certification to the Human Resources

Department at least one week prior to all general wage increases included in this

contract, and upon any renewal of their certification. If they do not provide a copy of

their valid certification as required, their rate of pay will be adjusted to reflect a “No

Certificate” rate.

Criteria

For the purpose of this article, “certificates” will be defined as follows:

a) For employees receiving the certificate rate of pay prior to April 1, 2006: certificate

which they possess prior to April 1, 2006. Validity of certificates will be governed by

the applicable governing body.

b) For employees hired after, or who earn certificates after, April 1, 2006: certificate

established by the Company according to the requirements of the job for which they

are performing. Validity of certificates will be governed by the applicable governing

body.

Shift Premiums:



Effective April 1, 2013




Effective April 1, 2013



SCHEDULE D Live Haul

Wages and Earnings

Base load rate paid at $105.00 per load with increased rates according to mileage – see chart

below

April 1, 2012 April 1, 2013 April 1, 2014

0 km up to 150 km $115.00 120.00 125.00

151 km up to 250 km $140.00 145.00 150.00

251 km up to 350 km $160.00 165.00 170.00

351 km up to 450 km $180.00 185.00 190.00

Each 100 km thereafter will be paid at an additional $20.00 per load

The intent is that kilometres driven are to be taking the most direct route in normal circumstances. A

driver who deviates from the normal route will advise the supervisor of the reason. For example

accident, road closure, etc will be considered reasonable. If it appears that the normal route is not

taken, the Company will reserve the right to use Mapquest to calculate the kilometres driven for pay

purposes.

Hourly Rate

$17.90 per hour Effective April 1, 2013 - $18.00 per hour

Hourly rate will be paid as well as load rate under the following conditions:

(i) after the driver is required to stay over three (3) hours on the farm from the time of

scheduled arrival or from scheduled arrival and departure at off-site scale;

(ii) after a one (1) hour waiting time paid when breakdown occurs until the driver is back

running (repairs made);

Turkey Load Rate

$50.00 will be paid to drivers when they complete live bird loading

Fueling $10.00 paid to drivers if they have to re-fuel their trucks as a result of non-Live Haul personnel

using their designated truck on an alternate shift

Statutory Holidays

$150.00

Doubles & Extra Work


In Live Haul it is recognized that the word ‘double’ means that the driver has completed his run

and is on a second run. Doubles shall be distributed amongst the Live Haul drivers that want

doubles, in order of seniority, on a rotational basis. The most senior driver will not have another

double until all drivers have received the opportunity to accept a double.

Extra work will also be handled as a rotation as stated above but will be a separate rotation from

the Doubles.

Note: Extra work includes but is not limited to (1) Bird Moving (1 tonne and trailers), (2)

Unloading bags of shavings and deliver to the farms (drive tractor trailer) and (3) Deliver and

pick-up of turkey loading equipment (1 ton truck with loader)

Drivers will not be permitted to exchange loads or Doubles without the prior authorization of the

supervisor or designate.

New drivers will be put at the bottom of the rotation at time of hire.

If a driver is unable to perform a scheduled double, through no fault of their own, (breakdown,

slow loading, scheduling change, etc.) then that driver will be offered the next available double

and then goes back to normal order of rotation

Work of the Bargaining Unit

It is agreed that it is the intent of the Employer to distribute the work load among the regular

live haul drivers.

If there is sufficient work to create a position for a fulltime driver, the company will post the

available position in accordance with the job posting provisions under article 10 of the

Collective Agreement

No contractors will be used as long as a company driver can be used.

In a short work week when there is less than five (5) days of work, the Company will

endeavor to utilize and schedule company drivers before utilizing any contract drivers.


For the purposes of Schedule ‘E’, the following definitions apply:

“Union Seniority” shall mean an employee's length of continuous employment with the Company in

the bargaining unit. An employee shall accumulate seniority from the date of last hire. Notwithstanding

the foregoing, an employee shall not accumulate seniority during any approved leave of absence

exceeding ninety (90) calendar days but, rather, shall maintain his seniority until his return from the

approved leave of absence, after which he will continue to accumulate seniority pursuant Article 9 of

the collective agreement. This article will not be applied contrary to the provisions of the relevant

legislation.

“Order of Rotation” shall mean the order established based on AZ drivers start date in the Live Haul

Department, for the purposes of scheduling doubles and wash bay runs.

“New Driver” shall mean a class AZ driver that is starting employment in the Live Haul Department.

“Yard Time” shall mean the time the driver is to report to work which is one (1) hour prior to leaving

for the farm.

“Single” shall mean one scheduled load for the shift.

“Double” shall mean two scheduled loads for the shift.

“Wash Bay Runs” shall mean runs to take an empty trailer to the hybrid wash bay and left to be washed

for the next day.

“Emergency Loads” shall mean loads that come up last minute, under the 4-hour minimum.

“Extra Work” means any work over and above regular Live Haul duties as identified in collective

agreement.

“In-Service Pay” shall be the amount of money paid to the driver for any drivers’ meeting on any topic

that drivers are required to attend, including safety meetings.

A lay off for the purposes of Live Haul Drivers will be defined as seven (7) working days with no

available work (excluding “extra work”). In such circumstances, affected employees will be subject to

Article 12.

Doubles:

Are assigned on a rotational base which will follow the Order of Rotation. The driver that starts the

doubles will not receive another until all drivers have received an opportunity to accept a double.

Doubles must be scheduled as soon as reasonably possible.

Drivers who are unable to work a scheduled double must provide at least 6 hours’ notice to the

supervisor and will forfeit their double.


If a driver is unable to perform a scheduled double, through no fault of their own (breakdown, slow

loading, scheduling change, etc.) then that driver will be offered the next available double and then goes

back to normal order of rotation.

It is understood that load numbers may change from time to time during the day of the scheduled load

out. Unscheduled doubles must be assigned a minimum of 4 hours prior to the run time. If notification

cannot be made within 4 hours of the run time, then the load will be classified as an “emergency load”

and will be offered to the first available driver.

Wash Bay Runs:

Are to be assigned based on the Order of Rotation. The driver that starts the wash bay runs will not

receive another until all drivers have received an opportunity to accept a wash bay run.

Extra Work:

Extra work will be offered and given to any driver who wants it. In the event more than one driver

accepts the extra work, union seniority will govern.

New Drivers:

All new drivers will start at the bottom of the order of rotation list for doubles and wash bay runs.

Load Exchanges:

Drivers may exchange regular loads with approval of their supervisor. Approval will not be

unreasonably denied.

Hours:

Live Haul class AZ drivers will be governed by the hours of service guidelines set out by the MTO

(Ministry of Transportation) which is 14 hours on duty and 10 hours off duty.

In-Service Pay:

Drivers shall be paid to attend any drivers’ meeting on any topic that drivers are required to attend,

including safety meetings.

SCHEDULE F Finished Product Drivers

Hourly Rate

April 1, 2012 $20.14 per hour




ARTICLE TWENTY-SIX - TERM OF AGREEMENT

26.01 This Agreement shall commence on April 1, 2012 and continue until March 31, 2015. This

Agreement shall continue from year to year thereafter, unless either party gives notice in writing

to the other not less than thirty days, no more than ninety days prior to the expiry date hereof of

that party's intention to terminate this Agreement or to negotiate revisions thereto.

Executed this _____ day of ______________, 2012 at Thamesford, Ontario.

For the Company For the Union

______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________


LETTER OF UNDERSTANDING #1 – Training Fund

Between

The COMPANY and the UNION

The Company agrees to pay to the CNFIU a training and education premium of $3000 on June 1st of

each contract year. Such funds remitted to the CNFIU on June 1st or the next working day as

applicable.


______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________

______________________________ _____________________________


LETTER OF UNDERSTANDING #2– Part Time Employees and Students

Between


Part Time Employees: will be defined as those who are hired for a Part Time position; scheduled

for less than 24 hours per week except during Festive periods and summer vacation periods; do not

have a “home” department; and, are not guaranteed a minimum numbers of hours of work on a daily,

weekly or annual basis. Part time employees will not be used to displace existing permanent

employees. The employer agrees that a combination of part time jobs will not replace a full time

position, and where there is sufficient work to create a full time position the employer will not utilize

part time employees.

Seniority Date: upon working 800 (eight hundred) hours within a 12-month (twelve) period, Part

Time employees will earn seniority. Their seniority date will be the date on which the 800 hours

worked is achieved. Upon earning seniority, Part Time employees will be entitled to the rights and

privileges of the Collective Agreement, with the exception of articles 9.01, 9.02, 17(paid per ESA),

18(paid per ESA calculation), 20(apply ESA privileges), 21, and 22.01 (17 continuous weeks

maximum, instead of 6 continuous months. Requests for extensions beyond the 17 weeks will not be

considered), 22.02 (b). Part Time employees will not be offered available excess hours on a daily

basis, unless all qualified permanent employees in the department have been offered the overtime.

Part Time employees may apply for job postings under Article 10, but will only be considered after

fulltime permanent seniority employees that have applied for the posting have been considered.

Upon the twelve-month anniversary of the Part Time employee’s seniority date, they will be eligible

for group benefits as defined by the Collective Agreement.

Rate of Pay: upon hire, Part Time employees will be paid the Hire Rate for Processor 1 duties and

the Train Rate for Processor 2 and above duties. Upon the twelve-month (12) anniversary of their

seniority date, they will earn the Top Rate of the Processor Level duties that they are performing.

Students: The Union and the Company recognize that students may be employed during the festive

periods, school vacation period, and other periods as required. Students will not be entitled to the

rights and privileges of the Collective Agreement, and will not be governed by the conditions of the

Collective Agreement.

Union Dues: All part time employees and students performing Bargaining Unit work will pay Union

Dues.


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LETTER OF UNDERSTANDING #3 – Lead Hands

Between


The Company and the union agrees that the “Lead Hand’ designation will be eliminated across the

bargaining unit within three (3) months following the date of ratification. The wage rates currently

earned by Lead Hands will be red-circled until such time as a scheduled wage increase will provide

such employees with a higher rate of pay


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LETTER OF UNDERSTANDING #4 – Classification Determination

Between


The Company agrees to provide the Union with a current list of all jobs performed by bargaining unit

employees.

The Company and Union agree to jointly audit all jobs performed by bargaining unit employees and

review all Processor Levels jointly. This review will commence within one month of ratification of this

collective agreement.

Should the Company and Union be unable to agree to the appropriate level for any job performed by

bargaining unit employees, the parties agree to resolve any differences in accordance with the

mediation/arbitration process set out in Article 7.01 of the Collective Agreement.

The Union will be notified of all newly created jobs as they arise after ratification of this collective

agreement. An assessment of all new jobs will be held in conjunction with the Union.


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LETTER OF UNDERSTANDING #5 – Payroll

Between


The Company will issue a deposit or wire transfer for any hours worked and not paid on the

employee’s regular pay. If the amount owed is less than $50.00, it will be paid on the next cheque. If

the amount owed is over $50.00, the company will make every reasonable effort to ensure payment

within two (2) business days of the company becoming aware of the pay shortage – provided the

shortage was not due to an employee’s failure to properly swipe. If the employee demonstrates that

any fees have been charged by their bank for such deposits or wire transfers, the company will

reimburse the employees for such costs.

Both parties recognize the importance of on-time and accurate pay for work performed and will

work together through the Labour-Management process to find ways to minimize the number of

payroll errors.


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LETTER OF UNDERSTANDING #6 – Excess Work Hours

Between


The Company acknowledges that it requires a written agreement with the Union in order to allow

employees to work more than 48 hours (up to 60 hours) weekly. As a Company we continuously look

for ways to reduce the number of excess hours worked by employees in order to improve our

efficiencies and contribute to continued growth for our business. The Company’s intent is not to use this

request impulsively, rather to have it in place in the event that we need to solicit volunteers to work

excess hours in order to meet our production demands. The Company will not knowingly violate other

provisions of the Collective Agreement or relevant legislation when requesting and scheduling excess

hours, including daily or weekly hours free from work, and hours free from work between shifts.

For the purpose of allowing the Employer to meet the requirements of the Ministry of Labour’s Director of

Employment Standards, the parties agree as follows:

1. The Employer will request approval from the MOL for employees to work up to 60 hours

in all areas of Cold Springs Farm and Thames Valley Processors;

2. The Employer agrees that working excess hours is voluntary and subject to the provisions

of the relevant Collective Agreement and during Festive periods with the agreed upon

Festive Transfer Process;

3. The Employer agrees that there will be no reprisals exercised by the Employer against

any employee who does not volunteer or refuses to work excess hours;

4. The Employer agrees that overtime pay will be paid for any excess hours worked (daily

or weekly) that would attract overtime under the provisions of this Collective Agreement;

5. The Union reserves its right to file a grievance should the Employer breach the provisions

of this agreement; and

6. This Agreement for Excess Hours will expire April 1, 2015;


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LETTER OF UNDERSTANDING #7 – Stand-by Pay

Between


In the event that management determines that an employee is required to be on stand-by, requiring

them to be available for work at any time, the following compensation will apply:

Compensation for standby and call-in hours will be paid out. There is no maximum on

Stand-by and call-in pay.

Standby

Employees are paid $3.50 an hour while on standby status.

Call In

Employees called into work are paid in accordance with the collective agreement (Article 21)

Note: Employees who are on standby status and are called in to work receive both standby pay and

pay for time worked (in accordance with Article 21 of the Collective Agreement).


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Documents

COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS … Consuma… · 13 Health and Safety 19 14 Human Rights 20 15 Bulletin Board(s) 21 16 Leaves 21 17 Vacations 23 18 Statutory Holidays